Allahabad High Court
RAHUL ALIAS AKASHversusSTATE OF U.P.
- 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, Rahul alias Akash, filed a bail application in a criminal case (Crime No.259 of 2026) under Sections 2 and 3 of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986, alleging that he had been falsely implicated due to police rivalry and that he was not a gang member. He had already been granted bail in a related case shown in a gang chart and had been in custody since 28‑03‑2025. The State opposed the bail, contending that the seriousness of the offence under the Gangster Act warranted continued detention. The court, after considering the material and without expressing an opinion on the merits, found that the applicant had made out a prima facie case for bail. Accordingly, 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 order emphasized that breach of any condition would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused under the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 pending trial despite the seriousness of the offence
- Whether the applicant’s claim of false implication and lack of gang affiliation justifies bail
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- false implication
- police rivalry
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33232 of 2026
Rahul Alias Akash
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vijay Babu
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.2 out of 61)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Vijay Babu Pandey, learned counsel for the applicant, Sri Anit
Kumar Shukla, 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.259 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Tundala, District-
Firozabad, 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. Learned counsel has further stated that there is
a criminal history of one case against the applicant, which has been
explained. The applicant is languishing in jail since 28.3.2025. 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.
6. Considering the facts and circumstances of the case, submissions made by
BAIL No. 33232 of 2026
2
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- Rahul Alias Akash, 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 18, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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