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Allahabad High Court

NADEEMversusSTATE OF U.P.

Decided

Holding

The Court allowed the bail application, granting bail subject to bond, sureties, and standard conditions.

Summary

The applicant, Nadeem, filed a bail application in a case under Sections 2(b)(1)(17) and 3(1) of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986, alleging false implication based on a gang chart and citing prior bail in two other criminal matters. He had been in custody since 3 September 2026 and submitted a supplementary affidavit explaining his additional criminal history. The State, represented by the learned Additional Government Advocate, opposed the bail. The Court, without delving into the merits, granted bail on the condition of a personal bond, two sureties, and compliance with standard conditions such as non‑tampering with evidence and regular appearance before the trial court. The order emphasized that any breach would lead to cancellation of bail and that the trial on merits would continue unaffected.

Issues considered

  • Whether bail can be granted to an accused under the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 during the pendency of trial despite allegations of false implication.

Legislation cited

Subjects

  • bail
  • gangster act
  • anti‑social activities
  • criminal procedure
  • false implication
  • sureties

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                CRIMINAL MISC. BAIL APPLICATION No. - 34140 of 2026

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

                                    Counsel for Applicant(s)             :   Manoj Kumar Tripathi, Vinod Kumar Tirpathi
                                    Counsel for Opposite Party(s)        :   G.A.

                                    Court No. - 68
                                    (Sl. No. 21 out of 109)

                                                              HON'BLE KRISHAN PAHAL, J.

                                    1. List has been revised. Supplementary affidavit filed today by the learned counsel
                                    for the applicant is taken on record.

                                    2. Heard Sri Vinod Kumar Tirpathi, learned counsel for the applicant and Sri V.K.S.
                                    Parmar, learned A.G.A. for the State and also perused the material placed on record.

                                    3. Applicant seeks bail in Case Crime No. 263 of 2026, under Sections 2(b)(1)(17)
                                    & 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police
                                    Station - Nehtaur, District - Bijnor, 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's additional criminal history of three cases stands
                                    explained in the accompanying affidavit. The applicant has been languishing in jail
                                    since 03.09.2026 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- Nadeem, 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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