Allahabad High Court
KHURSHEED AHMADversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant made out a case for bail and granted bail subject to conditions.
Summary
The applicant, Khursheed Ahmad, 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 he was falsely implicated due to police rivalry and had already been granted bail in a related gang chart case. He contended that he is not a gang member, has a criminal history of ten cases, and has been in custody since May 30, 2022, but would not misuse bail. The State opposed the bail, arguing the seriousness of the charges. After considering the submissions, the material on record, and without delving into the merits, the court found that the applicant had made out a prima facie case for bail. Consequently, the bail was granted on condition of a personal bond, two sureties, and compliance with standard bail conditions such as not tampering with evidence or intimidating witnesses.
Issues considered
- Whether bail can be granted to the accused under Sections 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, given the allegations of false implication and prior criminal history.
Legislation cited
Subjects
- bail
- U.P. Gangster and Anti-Social Activities (Prevention) Act
- false implication
- police rivalry
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31807 of 2026
Khursheed Ahmad
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Jai Singh Yadav, Patgendra Bhushan
Misra
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.61 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 Jai Singh Yadav, learned counsel for the applicant, Sri Arun
Kumar Mishra, 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.347 of 2022, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Phaphamau, District-
Prayagraj, 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. Learned counsel has further stated that there is
a criminal history of ten cases against the applicant, which has been
explained. The applicant is languishing in jail since 30.5.2022. In case, the
applicant is released on bail, he will not misuse the liberty of bail.
5. On the other hand, learned AGA opposed the prayer for bail.
BAIL No. 31807 of 2026
2
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, and without
expressing any opinion on the merits of the case, prima-facie the Court is of
the view that the applicant has made out a case for bail. The bail application
is allowed.
7. Let the applicant- Khursheed Ahmad, 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.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 9, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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