Allahabad High Court
AKKU @ ANUKALP SHARMAversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application is allowed, and the applicant is released on bail subject to conditions.
Summary
The applicant, Akku @ Anukalp Sharma, sought bail in a criminal case (Crime No. 324 of 2026) under Sections 2 and 3 of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986. He claimed false implication, citing a gang chart and an earlier bail in another case, and explained his additional criminal history in an affidavit. The State Law Officer opposed the bail. The court, without commenting on the merits, allowed the bail application, ordering release on personal bond and two sureties, with conditions not to tamper with evidence, intimidate witnesses, and to appear as required. Breach of conditions would lead to cancellation of bail, and the order does not affect the trial on merits.
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 despite alleged false implication and prior criminal history.
Legislation cited
Subjects
- bail
- criminal procedure
- U.P. Gangster Act
- false implication
- sureties
- conditions of bail
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34049 of 2026
Akku @ Anukalp Sharma
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Mukesh Joshi
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 80 out of 208)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Mukesh Joshi, learned counsel for the applicant and Sri Rajendra Prasad
Singh, learned State Law Officer and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 324 of 2026, under Sections 2 & 3 of U.P.
Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station - Katghar,
District - Moradabad, 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 one criminal case in
which he has already been enlarged on bail by the court concerned. It is submitted that
the applicant's additional criminal history of two cases stands explained in the
accompanying affidavit. The applicant has been languishing in jail since 18.07.2026
and assures that, if granted bail, he will not misuse the liberty and shall fully cooperate
with the trial.
5. Per contra, learned State Law Officer 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- Akku @ Anukalp Sharma, 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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