Allahabad High Court
OVIASH @ KAversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant subject to personal bond, sureties and standard conditions.
Summary
The applicant, Oviash @ Ka, sought bail in a criminal case (Crime No. 775 of 2025) filed under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986. He claimed that his inclusion in the case was based on a gang chart that incorrectly linked him to a single prior case for which he had already been granted bail, and that his other two criminal histories were explained in an affidavit. The State Law Officer and counsel for the informant opposed the bail. After hearing both sides, the court, without commenting on the merits, granted bail on the condition of a personal bond, two sureties, and compliance with standard bail conditions such as not tampering with evidence or intimidating witnesses. The order also warned that any breach would lead to cancellation of bail and clarified that the bail order does not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused under Sections 2 and 3 of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986, considering the claim of false implication and the applicant’s prior criminal history.
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- Sections 2 and 3
- criminal procedure
- false implication
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32504 of 2026
Oviash @ Ka
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Sarve Nazir, Zafar Abbas
Counsel for Opposite Party(s) : G.A., Krishna Kumar Singh
Court No. - 68
(Sl. No. 23 out of 98)
HON'BLE KRISHAN PAHAL, J.
1. Heard Sri Sarve Nazir, learned counsel for the applicant and Sri Krishna Kumar
Singh, learned counsel for the informant, as well as Sri Rajendra Prasad Singh,
learned State Law Officer and also perused the material placed on record.
2. Applicant seeks bail in Case Crime No. 775 of 2025, under Sections 2 & 3 of U.P.
Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station -
Kathghar, District - Moradabad, 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 one criminal case, in
which he has already been enlarged on bail by the court concerned. It is submitted that
the applicant's additional criminal history of two cases stands explained in the
accompanying affidavit. The applicant has been languishing in jail since 17.12.2025
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 and learned counsel for the informant have
vehemently opposed the bail prayer of the applicant.
5. Without expressing any opinion on the merits, the bail application is allowed. Let
the applicant- Oviash @ Ka, 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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