Allahabad High Court
MONUversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant subject to bond, sureties and conditions.
Summary
Monu applied for bail in a criminal case under Sections 2 and 3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, alleging false implication based on a gang chart. The applicant argued that he had already been granted bail in two related cases and that his alleged criminal history was explained in an affidavit. The State opposed the bail on the ground that the allegations involved serious offences under the Gangster Act. The court, without delving into the merits, granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order emphasized that any breach would lead to cancellation of bail and would 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 during the pendency of trial.
Legislation cited
Subjects
- bail
- U.P. Gangster and Anti-Social Activities (Prevention) Act
- criminal procedure
- false implication
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32787 of 2026
Monu
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Avnish Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 92 out of 208)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Ankit Yadav, Advocate holding brief of Sri Avnish Kumar Srivastava,
learned counsel for the applicant and Sri Ram Mohit Yadav, learned A.G.A. for the
State and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 01 of 2026, under Sections 2 & 3 of U.P.
Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station - Partapur,
District - Meerut, 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 two 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 two cases stands explained
in the accompanying affidavit. The applicant has been languishing in jail since
1.1.2026 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- Monu, 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
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