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Allahabad High Court

ARJUN TYAGIversusSTATE OF U.P.

Decided

Holding

The court granted bail to the accused subject to a personal bond, two sureties and specified conditions.

Summary

Arjun Tyagi applied for bail in a case registered under Sections 2 and 3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 (Crime No.202 of 2026). He contended that the prosecution was based on a single criminal case already listed in a gang chart, that he had previously been granted bail in that case, and that he was falsely implicated due to police rivalry, having no prior criminal record. The State opposed the bail. The High Court, without expressing an opinion on the merits, allowed the bail application, directing the applicant to furnish a personal bond and two sureties, and imposing conditions not to tamper with evidence, intimidate witnesses, and to appear before the trial court. The court also ordered verification of the identity, status and residence of the applicant and sureties before accepting the bonds. Breach of any condition would result in 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
  • U.P. Gangster Act
  • false implication
  • criminal procedure
  • sureties
  • pre-trial liberty

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. BAIL APPLICATION No. - 31734 of 2026

Arjun Tyagi
                                                               .....Applicant(s)
                                     Versus

State of U.P.
                                                                  .....Opposite
                                                                        Party(s)

Counsel for Applicant(s)                      :   Madhava Nand Shukla
Counsel for Opposite Party(s)                 :   G.A.

Court No. - 68
(Sr. No.42 out of 318)

                         HON'BLE KRISHAN PAHAL, J.

1. List has been revised.

2. Heard Sri Madhava Nand Shukla, learned counsel for the applicant, Sri
Rajendra Prasad Singh, learned State Law Officer 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.202 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Civil Line, 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 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. There is no criminal history of the applicant. The
applicant is languishing in jail since 12.08.2026. In case, the applicant is
released on bail, he will not misuse the liberty of bail.

5. On the other hand, learned State Law Officer opposed the prayer for bail.

6. Without expressing any opinion on the merits, the bail application is
allowed. Let the applicant- Arjun Tyagi, be released on bail in the
                                                                                              BAIL No. 31734 of 2026
                                                                     2


                                    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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