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Allahabad High Court

RAVI @ GATTEversusSTATE OF U.P.

Decided

Holding

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

Summary

Ravi @ Gatte applied for bail in a criminal case (Crime No. 296 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 a single case shown in a gang chart for which he had already been granted bail, and that he was falsely implicated due to police rivalry and is not a gang member. The applicant had been in custody since 25 July 2026. The State opposed the bail, but the court, after considering the submissions and the record, found that the applicant had made out a prima‑facie case for bail. Consequently, the court ordered his release on bail upon furnishing a personal bond and two sureties, subject to conditions of non‑tampering with evidence, non‑intimidation of witnesses, and appearance before the trial court. Breach of any condition would lead to cancellation of bail, and the order does not affect the trial on merits.

Issues considered

  • Whether bail should be granted to the accused in a case under the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986, given the claim of false implication and prior bail in a related case.

Legislation cited

Subjects

  • bail
  • U.P. Gangster Act
  • false implication
  • police rivalry
  • sureties
  • criminal procedure

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. BAIL APPLICATION No. - 31983 of 2026

Ravi @ Gatte
                                                                .....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
(Sr. No.112 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 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.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. Learned counsel has further stated that there is
a criminal history of one case against the applicant, which has been
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.

5. On the other hand, learned AGA opposed the prayer for bail.
                                                                                              BAIL No. 31983 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- Ravi @ Gatte, 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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