Allahabad High Court
SHIVSHANKAR BINDversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court held that the applicant made out a prima facie case for bail and consequently granted bail.
Summary
Shivshankar Bind applied for bail in a case registered under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, alleging that he was falsely implicated due to police rivalry and that he had already been granted bail in a related gang chart case. He asserted that he has no criminal history, has been in custody since 27 July 2026, and would not misuse liberty if released. The State opposed the bail on the ground of the seriousness of the offence. The Court, after considering the submissions and the material on record, held that the applicant had made out a prima‑facie case for bail and therefore allowed the bail application. He was released on personal bond and two sureties, subject to conditions of not tampering with evidence, not intimidating witnesses, and appearing before the trial court.
Issues considered
- Whether bail should be granted to the accused under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 given the circumstances of alleged false implication and lack of prior criminal history.
Legislation cited
Subjects
- bail
- U.P. Gangster and Anti-Social Activities (Prevention) Act
- false implication
- criminal procedure
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32394 of 2026
Shivshankar Bind
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Praveen Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.32 out of 76)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Praveen Kumar Singh, learned counsel for the applicant, Sri
Rajendra Prasad Singh, learned State Law Officer 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.196 of 2026, under Section 3(1) of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Jamaniya, District-
Ghazipur, 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 27.7.2026.
In case, the applicant is released on bail, he will not misuse the liberty of
bail.
5. On the other hand, learned State Law Officer opposed the prayer for bail.
6. Considering the facts and circumstances of the case, submissions made by
BAIL No. 32394 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- Shivshankar Bind, 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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