Allahabad High Court
AKASH TIWARIversusSTATE OF U.P THROUGH SECRETARY(HOME) U.P., LUCKNOW
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a case for bail and therefore granted bail.
Summary
The applicant, Akash Tiwari, filed a bail application in a case registered under Sections 2(b)(1) and 3(1) of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986, alleging that he had been falsely implicated due to police rivalry and had no prior criminal record aside from four other cases for which he was already on bail. The State opposed the bail, but the court, after considering the material and arguments, found that the applicant had made a prima facie case for bail. Consequently, the court ordered his release on bail upon furnishing a personal bond and two sureties, subject to conditions of non‑tampering with evidence, non‑intimidation of witnesses, and regular appearance before the trial court. The court warned that breach of any condition would lead to cancellation of bail, and clarified that the order does not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused under the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986 in view of the alleged false implication and lack of prior criminal history.
Legislation cited
- Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986 — s. 2(b)(1), 3(1)
Subjects
- bail
- U.P. Gangster Act
- anti‑social activities
- false implication
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33132 of 2026
Akash Tiwari
.....Applicant(s)
Versus
State Of U.P Through Secretary(Home) U.P.,
Lucknow .....Opposite
Party(s)
Counsel for Applicant(s) : Dheerendra Kumar, Karma Singh
Yadav, Pawan Kumar Vishwakarma
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.3 out of 114)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Pawan Kumar Vishwakarma, learned counsel for the applicant,
Sri Ram Mohit 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.240 of 2026, under Section 2(b)(1), 3(1) of U.P. Gangster and
Anti-Social Activities (Prevention) Act, 1986, Police Station- Devgaon,
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 four 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. It is further stated that there is no other criminal
history of the applicant. The applicant is languishing in jail since 24.6.2026.
In case, the applicant is released on bail, he will not misuse the liberty of
bail.
5. On the other hand, learned AGA opposed the prayer for bail.
BAIL No. 33132 of 2026
2
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, 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.
7. Let the applicant- Akash Tiwari, 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.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 17, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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