Allahabad High Court
TAHQEEKversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court allowed the bail application, granting bail to the accused.
Summary
The applicant, Tahqeek, filed a bail application in a case 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 has no prior criminal history. He has been in custody since 17 August 2026 and claims he will not misuse liberty if released. The State opposed the bail. After considering the submissions and the material on record, the court, without opining on the merits, found that the applicant made out a prima facie case for bail. Accordingly, the court granted bail on condition of a personal bond, two sureties, and compliance with standard bail conditions. The order emphasizes that any breach will lead to cancellation of bail and does not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 pending trial, given the claim of false implication and lack of prior criminal record.
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. - 31949 of 2026
Tahqeek
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : A.Z. Khan
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.103 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri A.Z. Khan, learned counsel for the applicant, Sri Deepak
Kumar Singh, 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.390 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Kotwali Dehat, District-
Saharanpur, 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 two 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. It is further stated that there is no other criminal
history of the applicant. The applicant is languishing in jail since 17.8.2026.
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.
6. Considering the facts and circumstances of the case, submissions made by
BAIL No. 31949 of 2026
2
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- Tahqeek, 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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