Allahabad High Court
RAJESH HARIJANversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a case for bail and granted bail subject to conditions.
Summary
Rajesh Harijan was arrested in a case (Crime No.269 of 2025) under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, alleged to be a gang member. He filed a bail application asserting that the charge was a result of police rivalry, that he had already been granted bail in two other criminal matters, and that he is not associated with any gang. The State opposed the bail. The High Court, after examining the affidavit and the material on record, held that, on a prima facie basis, the applicant had made out a case for bail and therefore allowed the application. The court ordered his release on a personal bond and two sureties, subject to conditions of not tampering with evidence, not intimidating witnesses, and appearing before the trial court as required. The bail may be cancelled if any condition is breached, and the order does not prejudice the trial on merits.
Issues considered
- Whether bail can be granted to an accused under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 pending trial, given the allegations of false implication and prior bail in other cases.
Legislation cited
Subjects
- bail
- U.P. Gangster and Anti-Social Activities (Prevention) Act
- criminal procedure
- false implication
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32347 of 2026
Rajesh Harijan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashok Kumar Singh, Pratibha Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.22 out of 76)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Ms. Pratibha Singh, 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.269 of 2025, under Section 3(1) of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Machhalishahar, District-
Jaunpur, 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 fifteen against the applicant, which has been explained.
The applicant is languishing in jail since 6.6.2026. 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. 32347 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- Rajesh Harijan, 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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