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Allahabad High Court

AKHILESH @ BAUWAversusSTATE OF U.P.

Decided

Holding

The court held that the applicant had made out a prima facie case for bail and granted the bail application.

Summary

The applicant, Akhilesh @ Bauwa, filed a bail application under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, alleging that he was falsely implicated due to police rivalry and is not a gang member. He had already been granted bail in a related case and had six other criminal cases pending, but had been in custody since 24 July 2026. The State opposed bail, but the court, after hearing counsel and reviewing the affidavit, found that the applicant had made out a prima facie case for bail. The court therefore 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 emphasized that breach of conditions would lead to cancellation of bail and did not affect the trial on merits.

Issues considered

  • Whether bail should be granted to the accused under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 despite a criminal history and allegations of false implication.

Legislation cited

Subjects

  • bail
  • U.P. Gangster Act
  • false implication
  • police rivalry
  • sureties
  • criminal history
  • conditions of bail

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. BAIL APPLICATION No. - 31840 of 2026

Akhilesh @ Bauwa
                                                                .....Applicant(s)
                                     Versus

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

Counsel for Applicant(s)      : Azad Khan, Mohammad Imran Khan,
                                Sunil Verma
Counsel for Opposite Party(s) : G.A.

Court No. - 68
(Sr. No.71 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 Azad Khan, 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.197 of 2026, under Section 3(1) of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Girwa, District- Banda,
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 six cases against the applicant, which has been
explained. The applicant is languishing in jail since 24.7.2026. 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. 31840 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- Akhilesh @ Bauwa, 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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