Allahabad High Court
SAHIDversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court granted bail to the applicant on the condition of a personal bond and two sureties.
Summary
The applicant, Sahid, was arrested in Crime No. 326 of 2026 under Sections 2 and 3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, and has been in custody since 15 July 2026. He contended that the prosecution was based on police rivalry, that he is not a gang member, and that he has already been granted bail in two related cases shown in a gang chart. The State opposed the bail, invoking the seriousness of the offences under the Act. The Court, after reviewing the material and hearing counsel, held that the applicant had made out a prima facie case for bail and, without expressing an opinion on the merits, allowed the bail application. The bail was conditioned on a personal bond, two sureties, and undertakings not to tamper with evidence, intimidate witnesses, or fail to appear before the trial court.
Issues considered
- Whether bail can be granted to an accused in a case instituted under Sections 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, given the claim of false implication and prior bail in related matters.
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- anti‑social activities
- false implication
- criminal procedure
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33309 of 2026
Sahid
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mahesh Kumar Kuntal, Shabaz Khan
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.23 out of 61)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Mahesh Kumar Kuntal, learned counsel for the applicant, Sri
Ram Mohit Yadav, 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.326 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Govardhan, District-
Mathura, 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 two criminal cases shown in the gang chart in which he has already
been enlarged on bail by the court concerned. The details of criminal cases
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 fifteen cases against the applicant, which has been
explained. The applicant is languishing in jail since 15.7.2026. 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. 33309 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- Sahid, 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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