Allahabad High Court
MUSTKEEMversusSTATE 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, Mustkeem, filed a bail application in a case (Crime No. 229 of 2026) under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986, alleging that he was falsely implicated due to police rivalry and is not a gang member. He had already been granted bail in a related case and had been in custody since 9 August 2026. The State, represented by the A.G.A., 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 the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986 in the present case.
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- false implication
- criminal procedure
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31712 of 2026
Mustkeem
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Dhiraj Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.34 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Dhiraj Kumar Pandey, 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.229 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Mirzapur, 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 one criminal case shown in the gang chart in which he has already
been enlarged on bail by the court concerned. The detail of criminal case has
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
09.08.2026. 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. 31712 of 2026
2
allowed. Let the applicant- Mustkeem, 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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