Allahabad High Court
ABHISHEK @ BUDDHU @ BUDDHU PHOOL CHAND PRAJAPATIversusSTATE 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, Abhishek Prajapati, filed a bail application under Section 3(1) of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986, seeking release while his trial (Crime No. 172 of 2026) is pending. He contended that the case was based on a single entry in a gang chart, that he had already been granted bail in a related matter, and that he was falsely implicated due to police rivalry, with no prior criminal record. The State opposed the bail but did not present substantive counter‑arguments. 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 order also stipulated verification of the applicant’s and sureties’ identity, status, and residence, and warned that breach of conditions would lead to cancellation of bail.
Issues considered
- Whether bail can be granted under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 during the pendency of trial.
- Whether the applicant’s alleged false implication and lack of criminal history justify bail.
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- false implication
- criminal procedure
- pre‑trial liberty
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32954 of 2026
Abhishek @ Buddhu @ Buddhu Phool Chand
Prajapati .....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Shambhu Mani Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 30 out of 291)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Shambhu Mani Tripathi, learned counsel for the applicant, Sri
R.M. Yadav, 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. 172 of 2026, under Section 3(1) of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Phoolpur, District-
Varanasi, 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 one criminal case shown in the gang chart in which he has already
been enlarged on bail by the court concerned. The details of criminal case
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.
5. There is no criminal history of the applicant. The applicant is languishing
in jail since 28.4.2026. In case, the applicant is released on bail, he will not
misuse the liberty of bail.
6. The bail application has been opposed but the submissions raised by the
BAIL No. 32954 of 2026
2
learned counsel for the applicant could not be disputed.
7. Without expressing any opinion on the merits, the bail application is
allowed. Let the applicant- Abhishek @ Buddhu @ Buddhu Phool
Chand Prajapati, who is involved in aforementioned case crime be
released on bail on his furnishing a personal bond and two sureties each in
the like amount to the satisfaction of the court concerned subject to
verification of sureties, with the condition that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as
required.
8. In case of breach of any of the above conditions, it shall be a ground for
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
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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