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Allahabad High Court

NASIRversusSTATE OF U.P.

Decided

Holding

The court held that the applicant had made out a case for bail and granted it subject to conditions.

Summary

Nasir applied for bail in a criminal case (Crime No. 364 of 2026) filed under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986. He contended that the prosecution was based on police rivalry, that he had already been granted bail in two related gang‑chart cases, and that he was not a gang member. The State opposed the bail, arguing that the seriousness of the offences under the Gangster Act warranted continued detention. The court, after reviewing the affidavit and hearing counsel, found that, on a prima facie basis, the applicant had established a right to bail and that there was no risk of tampering with evidence or intimidating witnesses. Accordingly, the bail application was allowed subject to a personal bond, two sureties, and standard conditions, with a warning that breach would lead to cancellation.

Issues considered

  • Whether the applicant is entitled to bail in a case instituted under Sections 2/3 of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986, given the alleged false implication and his prior bail in related matters.

Legislation cited

Subjects

  • bail
  • U.P. Gangster Act
  • false implication
  • sureties
  • criminal procedure
  • conditions of bail

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. BAIL APPLICATION No. - 32012 of 2026

Nasir
                                                                .....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.120 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 A.Z. Khan, learned counsel for the applicant, Sri Pankaj
Srivastava, 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.364 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Kutubsher, 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. Learned counsel has further stated that there is
a criminal history of five cases against the applicant, which has been
explained. The applicant is languishing in jail since 12.8.2026. 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.
                                                                                             BAIL No. 32012 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- Nasir, 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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