Allahabad High Court
MOOSAversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant under the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986, subject to bond and conditions.
Summary
The applicant, Moosa, filed a bail application in a case under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986, alleging that the charges were based on a single criminal incident already resulting in his earlier bail and that he was falsely implicated due to police rivalry. He had been in custody since 3 August 2026 and asserted that he is not a gang member and would not misuse bail. The State, represented by an Additional Government Advocate, opposed the bail. The Court, without delving into the merits, granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence, intimidate witnesses, and to appear before the trial court. The order also required verification of the applicant’s and sureties’ identity, status, and residence before accepting the bond.
Issues considered
- What is the appropriateness of granting bail under the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 in the circumstances presented?
- Does the existence of a prior bail in a related case and the claim of false implication affect the bail decision?
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- criminal procedure
- false implication
- police rivalry
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31728 of 2026
Moosa
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amar Nath
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.38 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Amar Nath, 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.277 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Budhana, District-
Muzaffarnagar, 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 four cases assigned to the
applicant stands explained. The applicant is languishing in jail since
03.08.2026. 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. 31728 of 2026
2
allowed. Let the applicant- Moosa, 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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