Allahabad High Court
GULSHER @ GULLUversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant subject to personal bond, sureties, and standard conditions.
Summary
The applicant, Gulsher @ Gullu, filed a bail application in a case registered under Sections 2 and 3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, alleging that he was falsely implicated due to police rivalry and has no criminal history. He had been in custody since 15 September 2025 and claimed that he had already been granted bail in six related cases. The State opposed the bail, but 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 court also ordered verification of the applicant’s and sureties’ identity, status, and residence before accepting the bonds. Breach of any condition would lead to cancellation of bail.
Issues considered
- Whether bail can be granted to an accused under Sections 2/3 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.
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- false implication
- criminal procedure
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31691 of 2026
Gulsher @ Gullu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Zaid Arshad
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.25 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today is taken on
record.
2. Heard Sri Zaid Arshad, 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.390 of 2025, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Kotwali Dehat, District-
Saharanpur, 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 six 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 15.09.2025. 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. 31691 of 2026
2
allowed. Let the applicant- Gulsher @ Gullu, 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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