Allahabad High Court
INTZARversusSTATE 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 applicant, Intzar, filed a bail application in a criminal case (Crime No. 374 of 2026) under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986. He contended that the prosecution was based on police rivalry, that he is not a gang member, and that he has already been granted bail in five other related cases. The applicant had been in custody since 31 May 2026 and asserted that he would not misuse bail. The State, represented by the Advocate General, opposed the bail. The court, without delving into the merits, granted bail on the condition of a personal bond, two sureties, and compliance with standard conditions such as not tampering with evidence or intimidating witnesses. The order also directed verification of the identity, status, and residence of the applicant and sureties before acceptance of the bond.
Issues considered
- Whether bail can be granted in a case instituted under Sections 2/3 of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 pending trial.
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- criminal procedure
- false implication
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32430 of 2026
Intzar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Haya Rizvi
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.44 out of 76)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Ms. Haya Rizvi, learned counsel for the applicant, Sri Ram Mohit
Yadav, 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.374 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Baraut, District- Baghpat,
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. The criminal history of seven cases assigned to
the applicant stands explained. The applicant is languishing in jail since
31.05.2026. 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
BAIL No. 32430 of 2026
2
allowed. Let the applicant- Intzar, 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.
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
Checking your session…