Allahabad High Court
SHASHANK BAJAJversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant subject to personal bond, sureties and standard conditions.
Summary
The applicant, Shashank Bajaj, filed a bail application in a case registered under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986, alleging false implication based on a gang chart and noting that he had already been granted bail in three related cases. He had been in custody since 2 September 2025 and assured the court that he would not misuse liberty if released. 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 not to tamper with evidence, intimidate witnesses, and to appear before the trial court. The order also warned that breach of any condition would lead to cancellation of bail, and clarified that the observations do not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused under the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986, considering the claim of false implication and the fact that the accused has been in custody for an extended period.
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- false implication
- criminal procedure
- sureties
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34058 of 2026
Shashank Bajaj
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Ajit Kumar Mishra, Atul Kumar Shahi
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 02 out of 109)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Ajit Kumar Mishra, learned counsel for the applicant and Sri Anit Kumar
Shukla, learned A.G.A. for the State and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 936 of 2015, under Sections 2 & 3 of U.P.
Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station - Kotwali,
District - Budaun, 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 three criminal cases,
in all of which he has already been enlarged on bail by the court concerned. It is
submitted that the applicant has been languishing in jail since 02.09.2025 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- Shashank Bajaj, 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 24, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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