Allahabad High Court
SMT RAMWATIversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant subject to a personal bond, sureties and prescribed conditions.
Summary
The High Court considered a bail application filed by Smt. Ramwati, who was arrested in connection with a case under Sections 2 and 3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986. The applicant contended that she had been falsely implicated due to police rivalry, had no prior criminal record, and was already on bail in a related case. The prosecution opposed the bail, but the court found the applicant's submissions credible and could not be disputed. Without expressing an opinion on the merits of the underlying criminal allegations, the court allowed the bail application subject to a personal bond, two sureties, and specific conditions regarding evidence tampering, witness intimidation, and court appearances. The court also directed verification of the identity, status, and residence of the applicant and sureties before accepting the bonds.
Issues considered
- Whether bail should be granted to the accused under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 pending trial, given the claim of false implication and lack of criminal history.
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- false implication
- criminal procedure
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33540 of 2026
Smt Ramwati
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Narayan, Chandrakant
Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 42 out of 131)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Abhishek Narayan, 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. 895 of 2023, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Kotwali Lalitpur, District-
Lalitpur, 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 she 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. She
has been falsely implicated in the present case due to police rivalry. She is
not the member of any gang. It is further stated that there is no criminal
history of the applicant. The applicant is languishing in jail since 22.9.2023.
In case, the applicant is released on bail, she will not misuse the liberty of
bail.
5. The bail application has been opposed but the submissions raised by the
learned counsel for the applicant could not be disputed.
BAIL No. 33540 of 2026
2
6. Without expressing any opinion on the merits, the bail application is
allowed. Let the applicant- Smt Ramwati, involved in aforementioned case
be released on bail on her furnishing a personal bond and two sureties each
in the like amount to the satisfaction of the court concerned with the
following conditions that :-
(i) The applicant shall not tamper with evidence during trial.
(ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.
(iii) The applicant shall appear before the trial court on the date fixed.
7. 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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