Allahabad High Court
VIJAY @ BHURAversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant subject to a personal bond, two sureties, and standard conditions.
Summary
The applicant, Vijay @ Bhura, applied for bail in a criminal case (Crime No. 116 of 2026) under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986. He had been in custody since 29 June 2026 and was implicated based on a gang chart that listed four other criminal cases, for which he had already been released on bail. No counsel appeared on his behalf at the hearing, and the court examined the application with the assistance of an amicus curiae. Without delving into the merits of the underlying charges, the court granted bail, subject to a personal bond, two sureties, and conditions not to tamper with evidence, intimidate witnesses, or fail to appear. The order also warned that any breach of conditions would lead to cancellation of bail, and it clarified that the bail order does not affect the trial on merits.
Issues considered
- Whether bail can be granted to an accused under Sections 2 and 3 of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 while the trial is pending.
- Whether the applicant's prior bail in other related cases influences the decision on bail in the present case.
Legislation cited
Subjects
- bail
- criminal procedure
- Gangster Act
- anti‑social activities
- trial pendency
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34088 of 2026
Vijay @ Bhura
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Anand Pati Tiwari, Deepak Upadhyay
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 11 out of 109)
HON'BLE KRISHAN PAHAL, J.
1. None is present on behalf of the applicant even in the revised call. However, I
myself have perused the application with the assistance of Sri Ram Mohit Yadav,
learned AGA.
2. Applicant seeks bail in Case Crime No. 116 of 2026, under Sections 2 & 3 of U.P.
Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station - Noida
Sector-39, District - Gautam Buddha Nagar, during the pendency of trial.
3. A perusal of record indicates that the applicant has been implicated under the
Gangsters Act based on a gang chart citing four criminal cases, in all of which he has
already been enlarged on bail by the court concerned. The applicant has been
languishing in jail since 29.06.2026.
4. Without expressing any opinion on the merits, the bail application is allowed. Let
the applicant- Vijay @ Bhura, 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.
5. 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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