Allahabad High Court
ADARSH VISHWAKARMAversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant subject to personal bond, sureties and standard conditions.
Summary
Adarsh Vishwakarma was arrested under Sections 2 and 3 of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 and has been in custody since 10 March 2026. He filed a bail application claiming that the charges were based on a fabricated gang chart and that he had already been granted bail in three related cases, with the remaining six cases explained in an affidavit. The State opposed the bail, arguing the seriousness of the offences under the Gangster Act. The Court, without delving into the merits, allowed the bail application, directing the applicant to furnish a personal bond and two sureties, and imposing conditions not to tamper with evidence, intimidate witnesses, and to appear before the trial court as required. The order also warned that any breach of conditions would lead to cancellation of bail, and it clarified that the bail order does not affect the trial on merits.
Issues considered
- Whether bail can be granted to an accused charged under Sections 2 and 3 of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 during the pendency of trial.
Legislation cited
Subjects
- bail
- U.P. Gangster and Anti‑Social Activities (Prevention) Act
- criminal procedure
- false implication
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33257 of 2026
Adarsh Vishwakarma
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Mishra, Jitendra Kumar Tiwari,
Rajesh Babu
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 09 out of 61)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Rajesh Babu, learned counsel for the applicant and Sri
V.K.S. Parmar, learned A.G.A. for the State and also perused the material
placed on record.
3. Applicant seeks bail in Case Crime No. 81 of 2026, under Sections 2
& 3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986,
Police Station - Nawabganj, District - Prayagraj, during the pendency of
trial.
4. Learned counsel for the applicant contends that the applicant has been
falsely implicated under the Gangsters Act based on a gang chart citing
three criminal cases, in all of which he has already been enlarged on bail
by the court concerned. It is submitted that the applicant's additional
criminal history of six cases stands explained in the accompanying
affidavit. The applicant has been languishing in jail since 10.03.2026 and
assures that, if granted bail, he will not misuse the liberty and shall fully
cooperate with the trial.
5. Per contra, learned A.G.A. has vehemently opposed the bail prayer of
the applicant.
6. Without expressing any opinion on the merits, the bail application is
BAIL No. 33257 of 2026
2
allowed. Let the applicant- Adarsh Vishwakarma, be released on bail 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. The
observations herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 18, 2026
Siddhant
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
Checking your session…