Allahabad High Court
SHAHRUKHversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant subject to a personal bond, two sureties and standard conditions.
Summary
The High Court of Allahabad considered a bail application filed by Shahrukh, who was arrested under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986, in Crime No. 227 of 2026. The applicant contended that he was falsely implicated due to police rivalry, had no criminal history, and was already on bail in five other related cases. He had been in custody since 4 August 2026 and argued that he would not misuse liberty if released. The State, represented by the learned A.G.A., opposed the bail. Without delving into the merits, the court granted bail on the condition of a personal bond, two sureties, verification of identities, and compliance with standard conditions such as not tampering with evidence or intimidating witnesses. Any breach would lead to cancellation of bail.
Issues considered
- Whether bail can be granted to an accused under Sections 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 during the pendency of trial.
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- criminal procedure
- false implication
- sureties
- personal bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32425 of 2026
Shahrukh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Umesh Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.42 out of 76)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Ms. Sweta Sharma, Advocate holding brief of Sri Umesh 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.227 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Shahpur, 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 five 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. There is no criminal history of the applicant.
The applicant is languishing in jail since 04.08.2026. In case, the applicant is
released on bail, he will not misuse the liberty of bail.
5. On the other hand, learned A.G.A. opposed the prayer for bail.
6. Without expressing any opinion on the merits, the bail application is
allowed. Let the applicant- Shahrukh, be released on bail in the
BAIL No. 32425 of 2026
2
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.
7. Breach of any condition shall entail 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 11, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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