OM PRAKASHversusSTATE OF U.P.

            HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. BAIL APPLICATION No. - 32028 of 2026

Om Prakash
                                                               .....Applicant(s)
                                    Versus

State of U.P.
                                                                  .....Opposite
                                                                        Party(s)

Counsel for Applicant(s)                     :   Vinod Kumar Yadav
Counsel for Opposite Party(s)                :   G.A.

Court No. - 68
(Sr. No.124 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 Ram Pal Singh, Advocate holding brief of Sri Vinod Kumar
Yadav, 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.171 of 2026, under Section 2(b) (xvii), 3(1) of U.P. Gangster and
Anti-Social Activities (Prevention) Act, 1986, Police Station- Bardah,
District- Azamgarh, 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 three 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 19.5.2026.
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.
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                                    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- Om Prakash, 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