Allahabad High Court
RAM CHHAIL SHARMAversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant subject to a personal bond, two sureties and conditions of non‑tampering with evidence, non‑intimidation of witnesses and regular appearance before the trial court.
Summary
The High Court of Allahabad considered a bail application filed by Ram Chhail Sharma, who was arrested under Section 3(1) of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986 in Crime No. 0159 of 2026. The applicant claimed he was falsely implicated, citing a gang chart and noting that he had already been granted bail in another criminal case; he had been in custody since 23 June 2026 and filed a supplementary affidavit. The State, represented by the Additional Government Advocate, opposed the bail. The court, without expressing an opinion on the merits, allowed the bail application, directing the applicant to furnish a personal bond and two sureties and imposing conditions that he not tamper with evidence, intimidate witnesses, and appear before the trial court as required. The order warned that breach of any condition would lead to cancellation of bail and clarified that the observations would not affect the trial on merits.
Issues considered
- Whether bail can be granted to an accused under Section 3(1) of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 during the pendency of trial
- Whether the applicant’s claim of false implication and prior bail in another case warrants release on bail
Legislation cited
Subjects
- bail
- U.P. Gangster and Anti‑Social Activities (Prevention) Act
- false implication
- criminal procedure
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33281 of 2026
Ram Chhail Sharma
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ram Pravesh Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 18 out of 61)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today by the
learned counsel for the applicant is taken on record.
2. Heard Sri Ram Pravesh Yadav, learned counsel for the applicant and
Sri Arun Kumar Mishra, learned A.G.A. for the State and also perused the
material placed on record.
3. Applicant seeks bail in Case Crime No. 0159 of 2026, under Section
3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986,
Police Station - Tarya Sujan, District - Kushinagar, 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
one criminal cases, in which he has already been enlarged on bail by the
court concerned. It is submitted that the applicant's additional criminal
history of one case stands explained in the accompanying affidavit. The
applicant has been languishing in jail since 23.06.2026 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. 33281 of 2026
2
allowed. Let the applicant- Ram Chhail Sharma, 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
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