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Allahabad High Court

MOHITversusSTATE OF U.P.

Decided

Holding

The court allowed the bail application, subject to a personal bond, two sureties, and conditions of non‑tampering, non‑intimidation, and regular appearance before the trial court.

Summary

The applicant, Mohit, was arrested in Crime No. 555 of 2026 under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986, and has been in custody since 5 August 2026. He contended that the prosecution was based on a single entry in a gang chart, that he had already been granted bail in a related case, and that the charge was a result of police rivalry, asserting he has no criminal record and is not a gang member. The State opposed the bail, but the court found no merit in the opposition’s arguments. Without expressing an opinion on the substantive merits, the court allowed the bail application, directing the applicant to furnish a personal bond and two sureties of equal amount, subject to verification. The bail was conditioned on the applicant not tampering with evidence, not intimidating witnesses, and appearing before the trial court as required, with breach of conditions constituting grounds for cancellation.

Issues considered

  • Whether bail can be granted to an accused under Sections 2/3 of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 when the accused claims false implication and has no prior criminal history.
  • Whether the court may grant bail without expressing a detailed opinion on the merits of the case.
  • What conditions may be imposed on bail under the Gangster Act.

Legislation cited

Subjects

  • bail
  • U.P. Gangster Act
  • false implication
  • police rivalry
  • sureties
  • conditions of bail
  • criminal procedure

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. BAIL APPLICATION No. - 33008 of 2026

Mohit
                                                              .....Applicant(s)
                                    Versus

State of U.P.
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)      : Mohit Kumar Singh, Sujata Choudhary
Counsel for Opposite Party(s) : G.A.

Court No. - 68
(Sl. No. 47 out of 291)

                          HON'BLE KRISHAN PAHAL, J.

1. List has been revised. Supplementary affidavit filed by learned counsel for
the applicant is taken on record.

2. Heard Ms. Prachi, learned Advocate holding brief for Ms. Sujata
Choudhary, learned counsel for the applicant, Sri V.K.S. Parmar, 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. 555 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Sardhana, District-
Meerut, 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 5.8.2026. 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. 33008 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- Mohit, 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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