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Allahabad High Court

MOHD HASAN AND ANOTHERversusSTATE OF U.P.

Decided

Holding

Bail was granted to the applicants subject to a personal bond, two sureties and conditions prohibiting tampering with evidence or intimidation of witnesses.

Summary

The applicants, Mohd Hasan and Kafil, applied for bail in a criminal case (Crime No. 229 of 2026) filed under Sections 2 and 3 of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986. They argued that the prosecution was based on a single criminal case each shown in a gang chart, for which they had already been granted bail in other proceedings, and that they had been in jail since 8 July 2026. The State opposed the bail, contending that the seriousness of the offences under the Gangster Act warranted continued detention. The court, without commenting on the merits, allowed the bail application, directing release on a personal bond and two sureties, subject to conditions that the applicants not tamper with evidence, intimidate witnesses, and 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 may be granted to the accused under Sections 2 and 3 of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 during the pendency of trial, considering prior bail in related cases and the risk of evidence tampering or witness intimidation.

Legislation cited

Subjects

  • bail
  • U.P. Gangster and Anti-Social Activities (Prevention) Act
  • criminal procedure
  • sureties
  • evidence tampering
  • witness intimidation

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. BAIL APPLICATION No. - 32493 of 2026

Mohd Hasan And Another
                                                          .....Applicant(s)
                                   Versus

State of U.P.
                                                             .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)      : Dileep Kumar Yadav, Rajesh Kumar
                                Rai
Counsel for Opposite Party(s) : G.A.

Court No. - 68
(Sl. No. 18 out of 98)

                         HON'BLE KRISHAN PAHAL, J.

1. List has been revised. Supplementary affidavit filed today by the
learned counsel for the applicants is taken on record.

2. Heard Sri Rajesh Kumar Rai, learned counsel for the applicants as well
as Sri Arun Kumar Mishra, learned AGA for the State and perused the
material placed on record.

3. Applicants seek bail in Case Crime No. 229 of 2026, under Sections 2
& 3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986,
Police Station Bindki, District Fatehpur, during the pendency of trial.

4. 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 one criminal case each shown in the gang chart
in which they has already been enlarged on bail by the court concerned.
Criminal history of two cases assigned to the applicant no. 1 and one case
assigned to the applicant no. 2 has been explained in the affidavit filed
along with bail application. The applicants are languishing in jail since
8.7.2026 and in case, they are enlarged on bail, they will not misuse the
liberty of bail.

5. Per contra, learned A.G.A. has vehemently opposed the bail prayer of
the applicants.
                                                                                          BAIL No. 32493 of 2026
                                                                  2


                                    6. Without expressing any opinion on the merits, the bail application is
                                    allowed. Let the applicants- Mohd. Hasan and Kafil, 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.

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



                                                                                           (Krishan Pahal,J.)
                                    September 14, 2026
                                    Siddhant




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

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