Allahabad High Court
BALRAM @ BALLAversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the accused subject to bond, sureties and standard conditions.
Summary
Balram @ Balla was arrested under Sections 2 and 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 in connection with a case registered at Basrehar police station, Etawah. He applied for bail, contending that his inclusion in a gang chart was false and that he had already been granted bail in three other criminal matters. The State Law Officer opposed the bail on the ground of the seriousness of the offences under the Gangster Act. The court, without delving into the merits of the false‑implication claim, allowed the bail application subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The bail was ordered to be effective upon verification of the sureties, and any breach would lead to cancellation. The order expressly stated that the bail decision does not prejudice the trial on the merits.
Issues considered
- Whether bail can be granted to an accused charged under Sections 2 and 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 during the pendency of trial.
Legislation cited
Subjects
- bail
- gangster act
- anti‑social activities
- false implication
- criminal procedure
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32503 of 2026
Balram @ Balla
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Narendra Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 22 out of 98)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Heard Sri Narendra Kumar, learned counsel for the applicant
and Sri Rajendra Prasad Singh, learned State Law Officer and also perused the
material placed on record.
2. Applicant seeks bail in Case Crime No. 0034 of 2026, under Sections 2 & 3(1) of
U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station -
Basrehar, District - Etawah, during the pendency of trial.
3. Learned counsel for the applicant contends that the applicant has been falsely
implicated under the Gangsters Act based on a gang chart citing three criminal cases,
in all of which he has already been enlarged on bail by the court concerned. It is
submitted that the applicant's additional criminal history of twenty nine cases stands
explained in the accompanying affidavit. The applicant has been languishing in jail
since 15.06.2026 and assures that, if granted bail, he will not misuse the liberty and
shall fully cooperate with the trial.
4. Per contra, learned State Law Officer has vehemently opposed the bail prayer of the
applicant.
5. Without expressing any opinion on the merits, the bail application is allowed. Let
the applicant- Balram @ Balla, 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 he 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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