Allahabad High Court
SHASHI BIND RAJBHARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant under the provisions of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986.
Summary
The applicant, Shashi Bind Rajbhar, filed a bail application in a case registered under Section 2(b)(1)/3(1) of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986, alleging that the charges were based on police rivalry and that he had already been granted bail in two related gang‑chart cases. He contended that he is not a gang member, has explained his criminal history, and has been in custody since 20‑08‑2026. The State, represented by the A.G.A., opposed the bail. The court, without delving into the merits, granted bail 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 ordered verification of the applicant’s and sureties’ identity, status, and residence before accepting the bonds. Breach of any condition would lead to cancellation of bail.
Issues considered
- Whether bail can be granted to an accused under Sections 2(b)(1) and 3(1) of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 pending trial.
Legislation cited
- U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 — s. 2(b)(1), 3(1)
Subjects
- bail
- gangster act
- anti‑social activities
- criminal procedure
- pre‑trial liberty
- police rivalry
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32913 of 2026
Shashi Bind Rajbhar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sheikh Obaidullah
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.17 out of 291)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Sheikh Obaidullah, 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.103 of 2026, under Section 2(b)(1)/3(1) of U.P. Gangster and
Anti-Social Activities (Prevention) Act, 1986, Police Station- Tarwa,
District- Azamgarh, 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 four cases assigned to
the applicant stands explained. The applicant is languishing in jail since
20.08.2026. 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. 32913 of 2026
2
allowed. Let the applicant- Shashi Bind Rajbhar, 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
Checking your session…