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Allahabad High Court

VIJAY @ BHURAversusSTATE OF U.P.

Decided

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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