Allahabad High Court
SADDAMversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant subject to bond, sureties and standard conditions.
Summary
The applicant, Saddam, filed a bail application in a case registered under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986, alleging that the charges were based on police rivalry and that he had no criminal history. He had been in custody since 15 July 2026 and claimed he had already been granted bail in four related cases shown in a gang chart. The prosecution opposed the bail, but the court noted that the applicant’s submissions could not be disputed. Without delving into the merits of the allegations, the court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence, intimidate witnesses, or fail to appear. The court also directed verification of the identity, status, and residence of the applicant and sureties before accepting the bonds, and warned that breach of conditions 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
- criminal procedure
- U.P. Gangster Act
- anti‑social activities
- police rivalry
- pre‑trial liberty
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31871 of 2026
Saddam
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Haya Rizvi
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 79 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 Rahul Gaur, learned Advocate holding brief for Ms. Haya
Rizvi, 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. 374 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Baraut, District- Baghpat,
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 no criminal history of the applicant. The applicant is languishing
in jail since 15.7.2026. 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. 31871 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- Saddam, 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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