Allahabad High Court
KOUSARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, subject to bond, sureties and standard conditions.
Summary
The applicant, Kousar, filed a bail application in a case registered under Sections 2 and 3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, alleging that the prosecution was based on police rivalry and that he is not a gang member. He claimed he had already been granted bail in three related cases and that he had been falsely implicated. The applicant had been in custody since 19 August 2026 and asserted that he would not misuse bail if released. The court, after hearing counsel for both sides and reviewing the affidavit, found no merit in the opposition’s arguments. Without expressing an opinion on the merits, the court allowed the bail application, directing the applicant to furnish a personal bond and two sureties, subject to verification and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail can be granted to an accused under Sections 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 despite the seriousness of the offence and alleged false implication.
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- false implication
- police rivalry
- sureties
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33532 of 2026
Kousar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : A.Z. Khan
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 39 out of 131)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed by learned counsel for
the applicant is taken on record.
2. Heard Sri A.Z. Khan, learned counsel for the applicant, Sri R.P. Singh,
learned State Law Officer and perused the material placed on record.
3. By means of the present bail application, the applicant seeks bail in Case
Crime No. 364 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Kutubsher, District-
Saharanpur, 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 three 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.
5. There is a criminal history of four cases assigned to the applicant, which
stands explained. The applicant is languishing in jail since 19.8.2026. In
case, the applicant is released on bail, he will not misuse the liberty of bail.
6. The bail application has been opposed but the submissions raised by the
learned counsel for the applicant could not be disputed.
BAIL No. 33532 of 2026
2
7. Without expressing any opinion on the merits, the bail application is
allowed. Let the applicant- Kousar, who is involved in aforementioned case
crime be released on bail on his furnishing a personal bond and two sureties
each in the like amount to the satisfaction of the court concerned subject to
verification of sureties, with the condition that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as
required.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail. Identity, status and residence proof of the applicant and
sureties be verified by the court concerned before the bonds are accepted.
(Krishan Pahal,J.)
September 21, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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