Allahabad High Court
SAHILversusSTATE 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, Sahil, filed a bail application in a case under Section 2/3(B)(1) of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986, alleging that he was falsely implicated due to police rivalry and has no criminal history. He had been in custody since 13 August 2026 and claimed that he had already been granted bail in two related cases shown in a gang chart. The State, represented by the learned A.G.A., opposed the bail. The court, without delving into the merits, granted bail on the condition of a personal bond, two sureties, and compliance with standard conditions such as not tampering with evidence or intimidating witnesses. The court also ordered verification of the identity, status, and residence of the applicant and sureties before accepting the bond. Breach of any condition would result in cancellation of bail.
Issues considered
- Whether bail can be granted under Section 2/3(B)(1) of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 to an accused who claims false implication and lack of prior criminal record.
Legislation cited
- U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 — s. 2, 3(B)(1)
Subjects
- bail
- gangster act
- false implication
- criminal procedure
- sureties
- pre‑trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32910 of 2026
Sahil
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd. Naushad
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.15 out of 291)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today is taken on
record.
2. Heard Sri Mohd. Naushad, learned counsel for the applicant, Sri Arun
Kumar Mishra, 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.279 of 2026, under Section 2/3(B)(1) of U.P. Gangster and Anti-
Social Activities (Prevention) Act, 1986, Police Station- Kotwali Shamli,
District- Shamli, 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. There is no criminal history of the applicant.
The applicant is languishing in jail since 13.08.2026. 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.
6. Without expressing any opinion on the merits, the bail application is
BAIL No. 32910 of 2026
2
allowed. Let the applicant- Sahil, 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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