Allahabad High Court
IMRANversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application is allowed as the applicant made out a prima facie case for bail.
Summary
The applicant, Imran, filed a bail application in a case registered 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 had already been granted bail in a related gang chart case. He had been in custody since 3 September 2025 and argued that he is not a gang member and would not misuse liberty if released. The State opposed the bail, but the court, after considering the material and without expressing a view on the merits, found that the applicant had made out a prima facie case for bail. Consequently, the bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The court warned that breach of conditions 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 under Sections 2/3 of 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
- conditions of bail
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32019 of 2026
Imran
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sunil Kumar Dubey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.122 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Sunil Kumar Dubey, learned counsel for the applicant, Sri R.P.
Patel, learned State Law Officer 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.274 of 2025, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Masuri, District-
Ghaziabad, 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 3.9.2025. In case, the
applicant is released on bail, he will not misuse the liberty of bail.
5. On the other hand, learned State Law Officer opposed the prayer for bail.
6. Considering the facts and circumstances of the case, submissions made by
BAIL No. 32019 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- Imran, 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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