Allahabad High Court
MANISH RAJBHARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
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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