Allahabad High Court
IRSHADversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a prima facie case for bail and allowed the bail application.
Summary
The applicant, Irshad, filed a bail application in a case registered under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986, alleging that he was falsely implicated due to police rivalry and has no prior criminal record. He had been in custody since 14 August 2026 and claimed that he had already been granted bail in a related case shown in a gang chart. The State opposed the bail, but the court, after considering the submissions and the material on record, found that the applicant had made out a prima facie case for bail. Without expressing an opinion on the merits, the court allowed the bail application, directing the applicant to furnish a personal bond and two sureties, subject to conditions of not tampering with evidence or intimidating witnesses. The court warned that breach of any condition 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 allegations of false implication and lack of prior criminal history.
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- criminal procedure
- false implication
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32315 of 2026
Irshad
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amar Nath
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.11 out of 76)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Shivam Kumar Mishra, Advocate holding brief of Sri Amar
Nath, learned counsel for the applicant, Sri Anit Kumar Shukla, 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.173 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Mansoorpur, District-
Muzaffarnagar, 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. It is further stated that there is no other criminal
history of the applicant. The applicant is languishing in jail since 14.8.2026.
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.
6. Considering the facts and circumstances of the case, submissions made by
BAIL No. 32315 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- Irshad, 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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