Allahabad High Court
RAJESHversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant subject to a personal bond, two sureties, and standard conditions.
Summary
The applicant Rajesh 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, alleging that the charges were based on police rivalry and that he had already been granted bail in related cases. He had been in custody since 4 February 2026 and claimed he was not a gang member and would not misuse liberty if released. The State Law Officer 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 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
- criminal procedure
- pre‑trial liberty
- police rivalry
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31791 of 2026
Rajesh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Girish Kumar, Vijay Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.34 out of 114)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Ms. Vanshika Kesharwani, Advocate holding brief of Sri Vijay
Tripathi, 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.115 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Highway, District-
Mathura, 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 two 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. The criminal history of four cases assigned to
the applicant stands explained. The applicant is languishing in jail since
04.02.2026. 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.
BAIL No. 31791 of 2026
2
6. Without expressing any opinion on the merits, the bail application is
allowed. Let the applicant- Rajesh, 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 17, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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