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Allahabad High Court

INSAFversusSTATE OF U.P.

Decided

Holding

Bail was granted to the applicant subject to a personal bond, two sureties and standard conditions.

Summary

The applicant, Insaf, 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 (Crime No. 286 of 2023). He contended that the charges were fabricated due to police rivalry, that he had no gang affiliation, and that he had already been granted bail in six related cases. The State opposed the bail, citing the seriousness of the offence under the Gangster Act. 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 bail order also required verification of the applicant’s and sureties’ identity, status, and residence before the bond is accepted.

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
  • anti‑social activities
  • criminal procedure
  • pre‑trial liberty

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. BAIL APPLICATION No. - 31743 of 2026

Insaf
                                                               .....Applicant(s)
                                     Versus

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

Counsel for Applicant(s)             : Vinay Kumar, Vipul Kumar Singh
Counsel for Opposite Party(s)        : G.A.

Court No. - 68
(Sr. No.46 out of 318)

                         HON'BLE KRISHAN PAHAL, J.

1. List has been revised. Supplementary affidavit filed today is taken on
record.

2. Heard Sri Vipul Kumar Singh, learned counsel for the applicant, Sri Ram
Mohit Yadav, 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.286 of 2023, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Phase-1 Noida, District-
Gautam Budh 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 six 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 18.07.2026. 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
                                                                                              BAIL No. 31743 of 2026
                                                                     2


                                    allowed. Let the applicant- Insaf, 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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