Allahabad High Court
BHARAT TEVATIYA ALIAS BHARTOversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court may grant bail under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, even without expressing a view on the merits, provided the applicant furnishes a bond, sureties, and complies with prescribed conditions.
Summary
The applicant, Bharat Tevatiya, filed a bail application in a case under Sections 2 and 3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, alleging false implication and claiming he is not a gang member. He argued that he had already been granted bail in related cases and that the present prosecution stemmed from police rivalry. The State opposed the bail on the seriousness of the offences under the Gangster Act. The High Court, without delving into the merits, allowed the bail application subject to a personal bond, two sureties, and conditions not to tamper with evidence, intimidate witnesses, and to appear before the trial court. The court also directed verification of the identity, status, and residence of the applicant and sureties before accepting the bonds. Breach of any condition would result in cancellation of bail.
Issues considered
- Whether bail can be granted to the accused under Sections 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 despite the seriousness of the alleged offences.
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- false implication
- criminal procedure
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32872 of 2026
Bharat Tevatiya Alias Bharto
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.5 out of 291)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today is taken on
record.
2. Heard Sri Amit Singh, learned counsel for the applicant, Sri Anit Kumar
Shukla, learned A.G.A. for the State and perused the material placed on
record.
3. By means of the present bail application, the applicant seeks bail in Case
Crime No.152 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Shergarh, District-
Mathura, during the pendency of trial.
4. It is argued by the learned counsel for the applicant that the prosecution
under the Gangsters Act have been launched against the applicant on the
basis of two criminal cases shown in the gang chart in which he has already
been enlarged on bail by the court concerned. The details of criminal cases
have been mentioned in the affidavit accompanying the bail application. He
has been falsely implicated in the present case due to police rivalry. He is
not the member of any gang. The criminal history of one case assigned to the
applicant stands explained. The applicant is languishing in jail since
17.02.2026. In case, the applicant is released on bail, he will not misuse the
liberty of bail.
5. On the other hand, learned A.G.A. opposed the prayer for bail.
BAIL No. 32872 of 2026
2
6. Without expressing any opinion on the merits, the bail application is
allowed. Let the applicant- Bharat Tevatiya Alias Bharto, be released on
bail in the aforementioned case crime 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. Identity, status
and residence proof of the applicant and sureties be verified by the court
concerned before the bonds are accepted.
(Krishan Pahal,J.)
September 16, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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