Allahabad High Court
PALTURAM NAGARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a prima facie case for bail and therefore granted bail.
Summary
Palturam Nagar applied for bail in a case filed under Section 3(1) of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986, alleging that he was falsely implicated due to police rivalry and had already been granted bail in a related gang‑chart case. He had been in custody since 7 April 2026 and asserted that he was not a gang member and would not misuse liberty if released. The State opposed the bail, but the court, after considering the submissions and the material on record, found that the applicant had made out 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, without prejudice to the trial on merits.
Issues considered
- Whether the applicant is entitled to bail under Section 3(1) of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 given the allegations of false implication and police rivalry.
- Whether a prima facie case for bail exists in the present circumstances.
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- false implication
- police rivalry
- prima facie case
- sureties
- conditions of bail
- criminal trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33292 of 2026
Palturam Nagar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhilesh Kumar Dubey, Vinay Kumar
Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.20 out of 61)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Akhilesh Kumar Dubey, learned counsel for the applicant, Sri
Arun Kumar Mishra, 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.65 of 2026, under Section 3(1) of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Zafrabad, District-
Jaunpur, 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 two cases against the applicant, which has been
explained. The applicant is languishing in jail since 7.4.2026. 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. 33292 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- Palturam Nagar, 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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