Allahabad High Court
AHSANversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant.
Summary
Ahsan, the applicant, sought bail in a case under Section 3(1) of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986. He had previously been granted bail in 2009, cooperated with the trial until 2019, but could not attend thereafter and surrendered on 13 August 2026, remaining in custody for over ten years without any witness being examined. The applicant claimed innocence and argued that his criminal history was fully explained. The State opposed bail, but the court held that an accused cannot be detained solely because of past criminal antecedents and that the applicant had made out a case for bail on the facts. Consequently, the court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted to the accused under Section 3(1) of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 despite a long period of pre‑trial detention and alleged criminal antecedents.
- Whether the applicant's criminal history, explained by him, precludes the grant of bail.
Legislation cited
Subjects
- bail
- pre‑trial detention
- U.P. Gangster and Anti‑Social Activities (Prevention) Act
- criminal antecedents
- trial delay
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32985 of 2026
Ahsan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Meraj Ahmad Khan
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 38 out of 291)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Meraj Ahmad Khan, learned counsel for the applicant, Sri R.P.
Singh, learned State Law Officer and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 275 of 2009, under Sections 3(1)
of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police
Station Pakbada, District Moradabad, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. He
has been granted bail in the instant case by the trial court itself on 26.5.2009
and he co-operated in trial till 2019 but subsequently, he could not attend the
Court. Not a single witness was examined during the intervening period of
more than ten years. The applicant surrendered before the trial court on
13.8.2026.
5. Learned counsel for the applicant has further argued that the criminal
history of the applicant stands explained. The applicant is languishing in jail
since 13.8.2026 and he is ready to cooperate with trial. In case, the applicant
is released on bail, he will not misuse the liberty of bail.
6. Learned State Law Officer has vehemently opposed the bail application
but the submissions raised by the learned counsel for the applicant could not
be disputed.
BAIL No. 32985 of 2026
2
7. This Court is of the view that if a case for bail is otherwise made out,
an accused cannot be kept incarcerated solely on account of his criminal
antecedents. In the instant case, the criminal history assigned to the
applicant has been properly explained.
8. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that not a single witness was examined during the
intervening period of more than ten years and without expressing any
opinion on the merits of the case, prima-facie the Court is of the view that
the applicant has made out a case for bail. The bail application is allowed.
9. Let the applicant- Ahsan, 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.
10. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
11. It is made clear that observations made in granting bail to the applicant
shall not in any way affect the learned trial Judge in forming his independent
opinion based on the testimony of the witnesses.
(Krishan Pahal,J.)
September 16, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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