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Allahabad High Court

ABUZARversusSTATE OF U.P.

Decided

Holding

The court held that bail should be granted to the applicant under the U.P. Gangster Act, subject to bond and surety conditions.

Summary

The applicant, Abuzar, filed a bail application in a case under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986, alleging that he was falsely implicated due to police rivalry and has no prior criminal record. He had been in custody since 14 August 2026 and claimed that he had already been granted bail in a related case shown in a gang chart. The State opposed the bail, but the court, after considering the submissions and the material on record, found that prima facie the applicant had satisfied the requirements for bail. The court therefore granted bail, subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order emphasized that any breach of conditions would lead to cancellation of bail and would not affect the trial on merits.

Issues considered

  • What is the applicability of bail provisions under the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 to an accused claiming false implication and lack of prior criminal history?

Legislation cited

Subjects

  • bail
  • U.P. Gangster Act
  • false implication
  • criminal procedure
  • surety

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. BAIL APPLICATION No. - 33298 of 2026

Abuzar
                                                               .....Applicant(s)
                                    Versus

State of U.P.
                                                                  .....Opposite
                                                                        Party(s)

Counsel for Applicant(s)            :   Adesh Kumar, Shivam Srivastava
Counsel for Opposite Party(s)       :   G.A.

Court No. - 68
(Sr. No.22 out of 61)

                        HON'BLE KRISHAN PAHAL, J.

1. List has been revised.

2. Heard Sri Adesh Kumar, learned counsel for the applicant, Sri V.K.S.
Parmar, 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.512 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Lohiyanagar, District-
Meerut, 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. It is further stated that there is no other criminal
history of the applicant.The applicant is languishing in jail since 14.8.2026.
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.

6. Considering the facts and circumstances of the case, submissions made by
                                                                                             BAIL No. 33298 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- Abuzar, 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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