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Allahabad High Court

JAVED KHANversusSTATE OF U.P.

Decided

Holding

Bail was granted to the applicant subject to a personal bond, two sureties, and conditions of non‑tampering with evidence, non‑intimidation of witnesses, and regular appearance before the trial court.

Summary

Javed Khan applied for bail in a criminal case (Crime No. 906 of 2026) under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act, 1986. The applicant claimed he was falsely implicated, citing a gang chart and noting that he had already been granted bail in two other related cases, and that his remaining four cases were explained in an affidavit. He had been in custody since 22 August 2026 and assured the court he would not misuse liberty or interfere with the trial. The State, represented by the Advocate General, opposed the bail. The court, without commenting on the merits, allowed the bail application, directing the applicant to furnish a personal bond and two sureties, and imposing conditions against tampering with evidence, witness intimidation, and requiring his appearance before the trial court.

Issues considered

  • Whether bail should be granted to the accused in a case under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, considering alleged false implication and prior bail in related matters.
  • Whether the risk of evidence tampering or witness intimidation warrants denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • U.P. Gangster Act
  • false implication
  • sureties
  • evidence tampering
  • witness intimidation

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                CRIMINAL MISC. BAIL APPLICATION No. - 34042 of 2026

                                    Javed Khan
                                                                                                            .....Applicant(s)
                                                                            Versus
                                    State of U.P.
                                                                                                       .....Opposite Party(s)

                                    Counsel for Applicant(s)                      :    Anju Yadav, Jaysingh Yadav
                                    Counsel for Opposite Party(s)                 :    G.A.

                                    Court No. - 68
                                    (Sl. No. 76 out of 208)

                                                                HON'BLE KRISHAN PAHAL, J.

                                    1. List has been revised.

                                    2. Heard Sri Jaysingh Yadav, learned counsel for the applicant and Sri Ram Mohit
                                    Yadav, learned A.G.A. for the State and also perused the material placed on record.

                                    3. Applicant seeks bail in Case Crime No. 906 of 2026, under Sections 2 & 3 of U.P.
                                    Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station - Kotwali
                                    Sahhar, District - Lalitpur, during the pendency of trial.

                                    4. Learned counsel for the applicant contends that the applicant has been falsely
                                    implicated under the Gangsters Act based on a gang chart citing two criminal cases, in
                                    all of which he has already been enlarged on bail by the court concerned. It is
                                    submitted that the applicant's additional criminal history of four cases stands
                                    explained in the accompanying affidavit. The applicant has been languishing in jail
                                    since 22.08.2026 and assures that, if granted bail, he will not misuse the liberty and
                                    shall fully cooperate with the trial.

                                    5. Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant.

                                    6. Without expressing any opinion on the merits, the bail application is allowed. Let
                                    the applicant- Javed Khan, be released on bail 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.

                                    7. Breach of any condition shall entail cancellation of bail. The observations herein
                                    shall not affect the trial on merits.

                                    September 23, 2026
                                    Siddhant

                                                                                                        (Krishan Pahal,J.)




Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad


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