Allahabad High Court
RAHUL YADAVversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, prima facie, the applicant is entitled to bail under the Act.
Summary
Rahul Yadav applied for bail in a criminal case (Crime No. 275 of 2024) filed under Sections 2(b)(1) and 3(1) of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986. He contended that the charges were the result of police rivalry, that he had already been granted bail in two related cases, and that he was not a gang member despite a history of ten other cases. The State, represented by the Advocate General, opposed the bail on the ground of the seriousness of the offences under the Gangster Act. The High Court, after examining the material and hearing counsel, held that the applicant had made out a prima facie case for bail without delving into the merits of the criminal allegations. Accordingly, the court ordered his release on bail 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 the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 in view of the alleged charges and his prior criminal history.
Legislation cited
- U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 — s. 2(b)(1), 3(1)
Subjects
- bail
- U.P. Gangster Act
- anti‑social activities
- criminal procedure
- sureties
- court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32314 of 2026
Rahul Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Saroj Kumar Dubey, Vineet Kumar
Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.18 out of 76)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Azaj Ahmad, Advocate holding brief of Sri Vineet Kumar
Yadav, 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.275 of 2024, under Section 2(b)(1), 3(1) of U.P. Gangster and
Anti-Social Activities (Prevention) Act, 1986, Police Station- Devgaon,
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 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 ten cases against the applicant, which has been
explained. The applicant is languishing in jail since 2.4.2026. 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. 32314 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- Rahul Yadav, 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 11, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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