Allahabad High Court
SONUversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant subject to a personal bond, two sureties and standard conditions.
Summary
The applicant Sonu 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. He claimed that the charges were fabricated due to police rivalry, that he had no criminal history, and that he had already been granted bail in seven related cases. The State opposed the bail. 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 identity, status, and residence of the applicant and sureties before accepting the bond. Breach of any condition would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused under Sections 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 pending trial.
Legislation cited
Subjects
- bail
- criminal procedure
- gangster act
- anti‑social activities
- police rivalry
- surety bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31701 of 2026
Sonu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Atul Kumar Kushwaha
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.29 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Atul Kumar Kushwaha, 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.204 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Bhopa, District- Muzaffar
Nagar, 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 seven 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 09.07.2026. 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
allowed. Let the applicant- Sonu, be released on bail in the aforementioned
BAIL No. 31701 of 2026
2
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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