Allahabad High Court
DANISHversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court allowed the bail application without expressing any opinion on the merits, subject to standard bail conditions.
Summary
The applicant, Danish, was arrested in connection with a case under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986. He contended that the prosecution was based on a single criminal case shown in a gang chart for which he had already been granted bail, and that he was falsely implicated due to police rivalry. The applicant had no prior criminal record and had been in custody since 3 September 2025. The State opposed the bail but did not dispute the applicant’s submissions. The High Court, without expressing any view 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 order also stipulated verification of the applicant’s and sureties’ identity, status and residence, and warned that breach of conditions 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
- U.P. Gangster Act
- false implication
- criminal procedure
- sureties
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31774 of 2026
Danish
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sunil Kumar Dubey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 53 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed by learned counsel for
the applicant is taken on record.
2. Heard Sri Sunil Kumar Dubey, learned counsel for the applicant, Sri
Pankaj Srivastava, 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. 274 of 2025, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Masuri, District-
Ghaziabad, 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 details of criminal case
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.
5. There is no criminal history of the applicant. The applicant is languishing
in jail since 3.9.2025. In case, the applicant is released on bail, he will not
misuse the liberty of bail.
6. The bail application has been opposed but the submissions raised by the
BAIL No. 31774 of 2026
2
learned counsel for the applicant could not be disputed.
7. Without expressing any opinion on the merits, the bail application is
allowed. Let the applicant- Danish, who is involved in aforementioned case
crime be released on bail on his furnishing a personal bond and two sureties
each in the like amount to the satisfaction of the court concerned subject to
verification of sureties, with the condition that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as
required.
8. In case of breach of any of the above conditions, it shall be a ground for
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
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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