Allahabad High Court
ANKIT YADAVversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, prima facie, the applicant is entitled to bail.
Summary
Ankit Yadav applied for bail in a criminal case (Crime No.102 of 2026) filed under Sections 2(b)(i) and 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986. He contended that the charges were the result of police rivalry, that he was not a gang member, and that he had already been granted bail in three related cases. The State opposed the bail, citing his alleged criminal history of five cases. The court examined the affidavit, the material on record, and the arguments of counsel, and, without delving into the merits, concluded that the applicant had made out a prima facie case for bail. Accordingly, the court ordered his release on personal bond and two sureties, subject to conditions of non‑tampering with evidence, non‑intimidation of witnesses, and regular appearance before the trial court. 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 in a case under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, considering the alleged false implication and his prior criminal history.
Legislation cited
- U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 — s. 2(b)(i), 3(1)
Subjects
- bail
- U.P. Gangster Act
- criminal procedure
- sureties
- presumption of innocence
- evidence tampering
- witness intimidation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32345 of 2026
Ankit Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Prateek Pratap Singh, Sanjay Kumar
Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.21 out of 76)
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 Surya Pratap Singh, Advocate holding brief of Sri Sanjay
Kumar Yadav, learned counsel for the applicant, Sri Arun Kumar Mishra,
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.102 of 2026, under Section 2(b)(i), 3(1) of U.P. Gangster and
Anti-Social Activities (Prevention) Act, 1986, Police Station- Kotwali,
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. Learned counsel has further stated that there is
a criminal history of five cases against the applicant, which has been
explained. The applicant is languishing in jail since 31.7.2026. 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. 32345 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- Ankit 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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