Allahabad High Court
VIVEK @ PINKUversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a case for bail and granted bail subject to conditions.
Summary
Vivek, also known as Pinku, applied for bail in a case (Crime No.210 of 2026) filed under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986. He contended that the charge was based on a single entry in a gang chart for which he had already been granted bail in another proceeding, and that he was falsely implicated due to police rivalry and was not a gang member. The State opposed the bail, citing his extensive criminal history of 23 cases. The court, after reviewing the affidavit, the material on record, and the arguments of counsel, found that the applicant had made out a prima facie case for bail without delving into the merits of the substantive charge. Accordingly, the bail application was allowed subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order emphasized that any breach of conditions would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 in view of the alleged false implication and his prior criminal record
Legislation cited
Subjects
- bail
- U.P. Gangster and Anti-Social Activities (Prevention) Act
- Section 3(1)
- criminal procedure
- false implication
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32026 of 2026
Vivek @ Pinku
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Agnivesh, Jadu Nandan Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.123 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 Pranvesh, Advocate holding brief of Sri Agnivesh, learned
counsel for the applicant, Sri Ram Mohit Yadav, 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.210 of 2026, under Section 3(1) of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Saurikh, District- Kannauj,
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 23 cases against the applicant, which has been
explained. The applicant is languishing in jail since 25.5.2026. 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. 32026 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- Vivek @ Pinku, 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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