Allahabad High Court
AKHILESH VISHWAKARMA @ RANJEET KUMARversusSTATE OF UP
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant subject to a personal bond, two sureties, and standard conditions.
Summary
The applicant, Akhilesh Vishwakarma, filed a bail application under Section 3(1) of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986, seeking release while his trial (Crime No. 423 of 2025) is pending. He contended that the charges were based on two prior cases listed in a gang chart, for which he had already secured bail, and alleged that the prosecution was motivated by police rivalry and that he has no gang affiliation or criminal record. The State opposed the bail, arguing the seriousness of the offence under the Gangster Act. The court, without delving into the merits, decided to grant 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 mandated verification of the applicant’s and sureties’ identity, status, and residence before the bond is accepted.
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, given the allegations of false implication and lack of prior criminal history.
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- Section 3(1)
- false implication
- police rivalry
- sureties
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31645 of 2026
Akhilesh Vishwakarma @ Ranjeet Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Kumar Jaiswal, Sandeep
Kumar Patel
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.13 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Sandeep Kumar Patel, 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.423 of 2025, under Section 3(1) of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Phoolpur, District-
Varanasi, 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 two 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 02.01.2026. 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
BAIL No. 31645 of 2026
2
allowed. Let the applicant- Akhilesh Vishwakarma @ Ranjeet Kumar,
be released on bail in the 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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