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Allahabad High Court

ASHISH SHARMAversusSTATE OF U.P.

Decided

Holding

The court allowed the bail application, granting bail to the accused subject to personal bond, sureties, and standard conditions.

Summary

The High Court of Allahabad considered a bail application filed by Ashish Sharma, who was arrested under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986, in Crime No. 296 of 2026. The applicant argued that the case was based on a single entry in a gang chart for which he had already been granted bail in another proceeding, and that he was falsely implicated due to police rivalry and was not a gang member. The prosecution opposed the bail but did not present substantive counter‑arguments. The court, without delving into the merits of the allegations, granted bail on the condition of a personal bond, two sureties, verification of identities, and compliance with standard bail conditions such as non‑tampering with evidence and appearance before the trial court. The order also stipulated that any breach of conditions would be grounds for cancellation of bail.

Issues considered

  • Whether bail can be granted to an accused under Sections 2/3 of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 pending trial.
  • Whether the alleged false implication and prior bail in a related case affect the grant of bail.

Legislation cited

Subjects

  • bail
  • U.P. Gangster Act
  • false implication
  • criminal procedure
  • sureties
  • pre‑trial liberty

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. BAIL APPLICATION No. - 31849 of 2026

Ashish Sharma
                                                                .....Applicant(s)
                                     Versus

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

Counsel for Applicant(s)                          :    Garun Pal Singh
Counsel for Opposite Party(s)                     :    G.A.

Court No. - 68
(Sl. No. 75 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 Garun Pal Singh, learned counsel for the applicant, Sri R.M.
Yadav, 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. 296 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Sadabad, District- Hathras,
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 a criminal history of one case assigned to the applicant, which
stands explained. The applicant is languishing in jail since 25.7.2026. 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
                                                                                               BAIL No. 31849 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- Ashish Sharma, 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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