Allahabad High Court
SUFIYAN @ SOFIYANversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant without expressing an opinion on the merits of the case.
Summary
The applicant, Sufiyan @ Sofiyan, filed a bail application in a case under Sections 2(b)(xvii) and 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, alleging false implication and citing a single prior criminal case for which he had already been released on bail. He had been in custody since 20 June 2026 and submitted a supplementary affidavit explaining his criminal history. The State opposed the bail, but the court, without commenting on the merits, allowed the bail application. The court ordered his release on personal bond and two sureties, subject to verification, with conditions not to tamper with evidence, intimidate witnesses, and to appear before the trial court. Breach of conditions would lead to cancellation of bail, and the order does not affect the trial on merits.
Issues considered
- Whether bail can be granted during the pendency of trial under Sections 2(b)(xvii) and 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986.
- Whether the applicant's alleged false implication and prior criminal history justify denial of bail.
Legislation cited
- U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 — s. 2(b)(xvii), 3(1)
Subjects
- bail
- U.P. Gangster Act
- false implication
- sureties
- criminal procedure
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32721 of 2026
Sufiyan @ Sofiyan
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Jitendra Singh, Vikram Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 96 out of 208)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today by the learned counsel
for the applicant is taken on record.
2. Heard Sri Jitendra Singh, learned counsel for the applicant and Sri Deepak Kumar
Singh, learned A.G.A. for the State and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 186 of 2026, under Sections 2(b)(xvii) &
3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police
Station - Ahraula, District - Azamgarh, during the pendency of trial.
4. 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 cases in
which he has already been enlarged on bail by the court concerned. It is submitted that
the applicant's additional criminal history of one case stands explained in the
accompanying affidavit. The applicant has been languishing in jail since 20.06.2026
and assures that, if granted bail, he will not misuse the liberty and shall fully cooperate
with the trial.
5. Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant.
6. Without expressing any opinion on the merits, the bail application is allowed. Let
the applicant- Sufiyan @ Sofiyan, 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.
7. Breach of any condition shall entail cancellation of bail. The observations herein
shall not affect the trial on merits.
September 23, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
Checking your session…