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Allahabad High Court

MANISH RAJBHARversusSTATE OF U.P.

Decided

Holding

The court held that bail may be granted under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 despite the pending trial, subject to conditions.

Summary

Manish Rajbhar was arrested under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 and has been in custody since 16 June 2026. He applied for bail, claiming he was falsely implicated and that he had already been granted bail in two other criminal cases cited in a gang chart. The State, represented by the Advocate General, opposed the bail. The High Court, without delving into the merits of the allegations, 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 bail order does not affect the trial on merits.

Issues considered

  • Whether bail can be granted to the accused under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 during the pendency of trial.
  • Whether the claim of false implication and prior bail in other cases precludes the grant of bail in the present case.

Legislation cited

Subjects

  • bail
  • U.P. Gangster Act
  • false implication
  • criminal procedure
  • sureties
  • conditions of bail

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                CRIMINAL MISC. BAIL APPLICATION No. - 34127 of 2026

                                    Manish Rajbhar
                                                                                                            .....Applicant(s)
                                                                            Versus
                                    State of U.P.
                                                                                                      .....Opposite Party(s)

                                    Counsel for Applicant(s)            :   Abhishek Kumar Jaiswal, Sandeep Kumar
                                                                            Patel
                                    Counsel for Opposite Party(s)       :   G.A.

                                    Court No. - 68
                                    (Sl. No. 17 out of 109)

                                                                HON'BLE KRISHAN PAHAL, J.

                                    1. List has been revised.

                                    2. Heard Sri Sandeep Kumar Patel, 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. 172 of 2026, under Section 3(1) of U.P.
                                    Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station -
                                    Phoolpur, District - Varanasi, 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 has been languishing in jail since 16.06.2026 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- Manish Rajbhar, 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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