Allahabad High Court
NASEEMversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant without expressing any opinion on the merits of the case.
Summary
The applicant, Naseem, filed a bail application in a case registered under Sections 2 and 3 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 three related cases. He contended that he is not a gang member, has explained his criminal history, and has been in custody since 8 April 2025. The State Law Officer opposed the bail, but the court, without commenting on the merits, allowed the application. Naseem was ordered to be released on bail upon furnishing a personal bond and two sureties, subject to verification and conditions not to tamper with evidence, intimidate witnesses, or fail to appear. The court warned that breach of any condition would lead to cancellation of bail.
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, during the pendency of trial despite the seriousness of the offence and the prosecution’s opposition.
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- criminal procedure
- false implication
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33164 of 2026
Naseem
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ram Raj Pandey, Shubham Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.9 out of 114)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today is taken on
record.
2. Heard Sri Ram Raj Pandey, learned counsel for the applicant, Sri
Rajendra Prasad Singh, learned State Law Officer 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.414 of 2025, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Khurja Nagar, District-
Bulandshahar, 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 three 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 six cases assigned to
the applicant stands explained. The applicant is languishing in jail since
08.04.2025. In case, the applicant is released on bail, he will not misuse the
liberty of bail.
5. On the other hand, learned State Law Officer opposed the prayer for bail.
BAIL No. 33164 of 2026
2
6. Without expressing any opinion on the merits, the bail application is
allowed. Let the applicant- Naseem, 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 17, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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