Allahabad High Court
VIKAS PANDEYversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant subject to personal bond, sureties, and standard conditions.
Summary
Vikas Pandur Pandey applied for bail in a criminal case (Crime No. 601 of 2026) filed under Sections 2(b)(i) and 3(1) of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986. He contended that the prosecution was based on a single case in a gang chart for which he had already been granted bail, and that he was falsely implicated due to police rivalry and had no gang affiliation or prior criminal record. The applicant had been in custody since 21 August 2026 and argued that he would not misuse the liberty if released. The State opposed the bail but did not present substantive grounds to deny it. The court, without expressing an opinion on the merits, allowed the bail application subject to a personal bond, two sureties, and conditions not to tamper with evidence, intimidate witnesses, or fail to appear. The bail may be cancelled if any condition is breached.
Issues considered
- Whether bail can be granted to an accused under the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 during the pendency of trial.
- Whether the applicant's alleged involvement in a gang and the prosecution's basis justify denial of bail.
Legislation cited
- U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 — s. 2(b)(i), 3(1)
Subjects
- bail
- U.P. Gangster Act
- anti‑social activities
- criminal procedure
- false implication
- police rivalry
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32333 of 2026
Vikas Pandey
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 61 out of 131)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Amit Kumar Singh, learned counsel for the applicant, Sri D.K.
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. 601 of 2026, under Section 2(b)(i), 3(1) of U.P. Gangster and
Anti-Social Activities (Prevention) Act, 1986, Police Station- Dhanghata,
District- Sant Kabir Nagar, 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.
5. There is no criminal history of the applicant. The applicant is languishing
in jail since 21.8.2026. In case, the applicant is released on bail, he will not
misuse the liberty of bail.
6. The bail application has been opposed but the submissions raised by the
learned counsel for the applicant could not be disputed.
BAIL No. 32333 of 2026
2
7. Without expressing any opinion on the merits, the bail application is
allowed. Let the applicant- Vikas Pandey, who is involved in
aforementioned case crime be released on bail on his furnishing a personal
bond and two sureties each in the like amount to the satisfaction of the court
concerned subject to verification of sureties, with the condition that he shall
not tamper with evidence or intimidate witnesses and shall appear before the
trial court as required.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail. Identity, status and residence proof of the applicant and
sureties be verified by the court concerned before the bonds are accepted.
(Krishan Pahal,J.)
September 21, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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