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Allahabad High Court

ARJUN KUMAR BALMIKI AND ANOTHERversusSTATE OF U.P.

Decided

Holding

Bail was granted to the applicants under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, subject to conditions.

Summary

The applicants, Arjun Kumar Balmiki and Ankit Kumar Balmiki, sought bail under Section 3(1) of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986, while their trial was pending. They argued that they had already been granted bail in related criminal cases and would not misuse the liberty if released. The State opposed the bail application. The court, without delving into the merits, allowed the bail application, directing the applicants to furnish a personal bond and two sureties, and imposing conditions not to tamper with evidence, intimidate witnesses, and to appear before the trial court as required. The court warned that breach of any condition would lead to cancellation of bail, and clarified that the order does not affect the trial on merits.

Issues considered

  • Whether bail can be granted under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 during the pendency of trial.
  • Whether the applicants' prior bail in related cases justifies granting bail in the present case.

Legislation cited

Subjects

  • bail
  • gangster act
  • anti-social activities
  • criminal procedure
  • surety
  • conditions of bail
  • trial pending

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                CRIMINAL MISC. BAIL APPLICATION No. - 32446 of 2026

                                    Arjun Kumar Balmiki And Another
                                                                                                            .....Applicant(s)
                                                                            Versus
                                    State of U.P.
                                                                                                       .....Opposite Party(s)

                                    Counsel for Applicant(s)                :   Mahfooz Ahmad, Rajesh Kumar Singh
                                    Counsel for Opposite Party(s)           :   G.A.

                                    Court No. - 68
                                    (Sl. No. 03 out of 98)

                                                             HON'BLE KRISHAN PAHAL, J.

                                    1. List has been revised. Heard Sri Shubham Kushwaha, Advocate holding brief of
                                    Sri Mahfooz Ahmad, learned counsel for the applicants as well as Sri Ram Mohit
                                    Yadav, learned AGA for the State and perused the material placed on record.

                                    2. Applicants seek bail in Case Crime No. 161 of 2026, under Section 3(1) of U.P.
                                    Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station - Bidhnu,
                                    District - Kanpur Nagar, during the pendency of trial.

                                    3. It is argued by the learned counsel for the applicants that the prosecution under the
                                    Gangsters Act has been launched against the applicants on the basis of two criminal
                                    cases each shown in the gang chart in which they has already been enlarged on bail by
                                    the court concerned. The applicant no.1 is in jail since 02.06.2026 and the applicant
                                    no. 2 is in jail since 18.7.2026. In case, the applicants are enlarged on bail, they will
                                    not misuse the liberty of bail.

                                    4. Per contra, learned A.G.A. has vehemently opposed the bail prayer of the
                                    applicants.

                                    5. Without expressing any opinion on the merits, the bail application is allowed. Let
                                    the applicants- Arjun Kumar Balmiki and Ankit Kumar Balmiki, be released on
                                    bail on furnishing a personal bond and two sureties to the satisfaction of the court
                                    concerned, subject to verification of sureties, with the conditions that they shall not
                                    tamper with evidence or intimidate witnesses and shall appear before the trial court as
                                    required.

                                    6. Breach of any condition shall entail cancellation of bail. The observations herein
                                    shall not affect the trial on merits.

                                    September 14, 2026
                                    Siddhant

                                                                                                        (Krishan Pahal,J.)




Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad


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