Allahabad High Court
DEVIDEEN RAJAPATIversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court allowed bail to the applicant under the provisions of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986.
Summary
The applicant, Devideen Prajapati, filed a bail application under Section 3(1) of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986, seeking release while his trial (Crime No. 179 of 2026) is pending. He contended that the prosecution was based on three earlier cases in which he had already been granted bail, that he was falsely implicated due to police rivalry, and that he has no criminal history. The State opposed the bail, arguing the seriousness of the offence under the Gangster Act. The court, without delving into the merits, granted bail on the condition of a personal bond, two sureties, and compliance with standard conditions such as not tampering with evidence or intimidating witnesses. The bail order also directed verification of the applicant’s and sureties’ identity, status, and residence before acceptance of the bond.
Issues considered
- Whether bail can be granted to an accused under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 pending trial.
- Whether the alleged false implication and lack of prior criminal history justify bail despite the seriousness of the offence.
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- Section 3(1)
- false implication
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31639 of 2026
Devideen Prajapati
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajveer Chaurasiya
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.9 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Rajveer Chaurasiya, learned counsel for the applicant, Sri
Rajendra Prasad Singh, learned State Law Officer for the State and perused
the material placed on record.
3. By means of the present bail application, the applicant seeks bail in Case
Crime No.179 of 2026, under Section 3(1) of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Kabrai, District- Mahoba,
during the pendency of trial.
4. It is argued by the learned counsel for the applicant that the prosecution
under the Gangsters Act have been launched against the applicant on the
basis of three criminal cases shown in the gang chart in which he has already
been enlarged on bail by the court concerned. The details of criminal cases
have been mentioned in the affidavit accompanying the bail application. He
has been falsely implicated in the present case due to police rivalry. He is
not the member of any gang. There is no criminal history of the applicant.
The applicant is languishing in jail since 09.08.2026. In case, the applicant is
released on bail, he will not misuse the liberty of bail.
5. On the other hand, learned State Law Officer opposed the prayer for bail.
6. Without expressing any opinion on the merits, the bail application is
allowed. Let the applicant- Devideen Prajapati, be released on bail in the
BAIL No. 31639 of 2026
2
aforementioned case crime on furnishing a personal bond and two sureties to
the satisfaction of the court concerned, subject to verification of sureties,
with the conditions that he shall not tamper with evidence or intimidate
witnesses and shall appear before the trial court as required.
7. Breach of any condition shall entail cancellation of bail. Identity, status
and residence proof of the applicant and sureties be verified by the court
concerned before the bonds are accepted.
(Krishan Pahal,J.)
September 9, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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