Allahabad High Court
GANESHversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant subject to personal bond, sureties and standard conditions.
Summary
Ganesh applied for bail in Crime No. 419 of 2026 under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986. He contended that the case was filed due to police rivalry, that he is not a gang member, and that he had already been granted bail in related cases. The State, represented by the Additional Government Advocate, opposed the bail. The High Court, without commenting on 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 court ordered verification of the applicant’s and sureties’ identity, status, and residence before accepting the bonds, and warned that breach of any condition would lead to cancellation of bail.
Issues considered
- Whether bail can be granted to an accused under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 pending trial.
- Whether the applicant’s claim of false implication and lack of gang affiliation justifies bail.
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- criminal procedure
- false implication
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31685 of 2026
Ganesh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Santosh Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.23 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Santosh Kumar Singh, learned counsel for the applicant, Sri
Arun Kumar Mishra, learned A.G.A. 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.419 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Jait, District- Mathura,
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. The criminal history of one case assigned to the
applicant stands explained. The applicant is languishing in jail since
16.06.2026. In case, the applicant is released on bail, he will not misuse the
liberty of bail.
5. On the other hand, learned A.G.A. opposed the prayer for bail.
6. Without expressing any opinion on the merits, the bail application is
BAIL No. 31685 of 2026
2
allowed. Let the applicant- Ganesh, 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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