Allahabad High Court
IRFAN @ LUCCHAversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court granted bail to the applicant, finding that he had made out a prima facie case for release.
Summary
The applicant, Irfan @ Luccha, filed a bail application under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, in connection with Crime No. 266 of 2026 arising from a police case in Dhampur, Bijnor. He contended that the charge was based on a single incident shown in a gang chart for which he had already been granted bail, and that he was falsely implicated due to police rivalry and was not a gang member. The State opposed the bail, arguing that the seriousness of the offence under the Gangster Act warranted continued detention. The Court, after reviewing the material and hearing counsel, found that, on a prima facie basis, the applicant had satisfied the criteria for bail and did not intend to tamper with evidence or intimidate witnesses. Consequently, the Court ordered his release on bail subject to a personal bond, two sureties, and standard conditions. The order expressly stated that any breach would lead to cancellation of bail and would not affect the trial on merits.
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 claim of false implication and prior bail in a related case.
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- false implication
- criminal procedure
- sureties
- preliminary hearing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31695 of 2026
Irfan @ Luccha
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Prakash Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.27 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Prakash Tripathi, learned counsel for the applicant, Sri Anit
Kumar Shukla, 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.266 of 2026, under Section 3(1) of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Dhampur, District- Bijnor,
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 one criminal case shown in the gang chart in which he has already
been enlarged on bail by the court concerned. The details of criminal case
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. Learned counsel has further stated that there is
a criminal history of three cases against the applicant, which has been
explained. The applicant is languishing in jail since 14.8.2026. In case, the
applicant is released on bail, he will not misuse the liberty of bail.
5. On the other hand, learned AGA opposed the prayer for bail.
6. Considering the facts and circumstances of the case, submissions made by
BAIL No. 31695 of 2026
2
learned counsel for the parties, the evidence on record, and without
expressing any opinion on the merits of the case, prima-facie the Court is of
the view that the applicant has made out a case for bail. The bail application
is allowed.
7. Let the applicant- Irfan @ Luccha, 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.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 9, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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