Allahabad High Court
KAPIL KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant subject to bond, sureties and standard conditions.
Summary
Kapil Kumar applied for bail in a criminal case (Crime No. 073 of 2026) filed under Sections 2 and 3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986. He contended that the prosecution was based on four other cases in a gang chart, that he had already been granted bail in those cases, and that he was falsely implicated due to police rivalry and was not a gang member. He had been in custody since 19 August 2026 and asserted that he would not misuse liberty if released. The opposition could not effectively dispute his submissions. The court, without addressing the merits, allowed the bail application, directing the applicant to furnish a personal bond and two sureties, subject to verification and conditions not to tamper with evidence, intimidate witnesses, or fail to appear before the trial court.
Issues considered
- Whether bail should be granted to an accused under Sections 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 during the pendency of trial, considering the claim of false implication and prior bail in related cases.
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. - 31837 of 2026
Kapil Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohit Kumar Baisla
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 69 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 Mohit Kumar Baisla, learned counsel for the applicant, Sri R.P.
Singh, learned State Law Officer and perused the material placed on record.
3. By means of the present bail application, the applicant seeks bail in Case
Crime No. 073 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Kakrauli, District-
Muzaffarnagar, 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 four 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.
5. There is a criminal history of one case assigned to the applicant, which
stands explained. The applicant is languishing in jail since 19.8.2026. 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
learned counsel for the applicant could not be disputed.
BAIL No. 31837 of 2026
2
7. Without expressing any opinion on the merits, the bail application is
allowed. Let the applicant- Kapil Kumar, 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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