PRADEEP @ DEEPAK SHARMAversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD

     CRIMINAL MISC. BAIL APPLICATION No. - 34630 of 2026

Pradeep @ Deepak Sharma
                                                               .....Applicant(s)
                                    Versus
State of U.P.
                                                                   .....Opposite
                                                                         Party(s)

Counsel for Applicant(s)          : Gunjan Dwivedi, Shri Prakash Dwivedi
Counsel for Opposite Party(s)     : G.A.

Court No. - 64
                      HON'BLE VIVEK VARMA, J.

1. Heard learned counsel for the applicant and Sri V.P. Tripathi, learned
A.G.A. for the State. Perused the record.
2. The instant bail application has been filed with the prayer to enlarge the
applicant on bail in Case Crime No. 44 of 2026, under Sections 3(1) of the
U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (for short,
the "Gangsters Act"), Police Station - Haliya, District - Mirzapur, during the
pendency of the trial.
3. Learned counsel for the applicant submits that according to the gang chart,
only one case is shown against the applicant and in the said case the
applicant has been enlarged on bail.
4. He further submits that in the F.I.R., in issue, the allegations with regard
to disturbing the public order, as also regarding gaining undue temporal,
pecuniary, material or other advantage of like nature against the applicant
are vague. In absence of allegation concerning an act or omission on the part
of an accused, covered by the definition of terms "gang" and "gangster" as
provided under Section 2 of the Gangsters Act, no F.I.R. is maintainable. In
the instant case, the F.I.R. is based upon solitary criminal case and not upon
any new allegations or discovery of facts having serious reflection on the
society, for which purpose the Gangsters Act was enacted.
5. It is also submitted that considering the facts of the case, as stated above,
there are reasonable grounds for believing that the applicant is not guilty of
the offence under the Gangsters Act and that he would not commit the
offence while on bail nor would try to tamper the evidence or influence the
witnesses in any manner whatsoever it may be. The applicant is in jail since
21.4.2026.
6. Learned A.G.A. has opposed the prayer for bail but could not
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                                    satisfactorily dispute the aforesaid submissions from the record.
                                    7. Considering the rival submissions of learned counsel for parties, material
                                    available on record as well as taking note of Section 19(4)(b) of the
                                    Gangsters Act, in light of the submission of counsel for the applicant to the
                                    effect that while on bail in this case the applicant would not commit any
                                    crime/offence nor would try to tamper the evidence or influence the
                                    witnesses in any manner, whatsoever it may be, and without expressing any
                                    opinion on the merits of the case, I am of the view that the applicant is
                                    entitled to be released on bail. Accordingly, the bail application is allowed.
                                    8. Let the applicant- Pradeep @ Deepak Sharma, involved in the aforesaid
                                    case, be released on bail on his furnishing a personal bond and two sureties
                                    each of the like amount to the satisfaction of court concerned on the
                                    following conditions that:
                                    (i) the applicant shall not tamper with the prosecution evidence;
                                    (ii) the applicant shall not pressurize the prosecution witnesses; and,
                                    (iii) the applicant shall appear on each and every date fixed by the trial court.
                                    9. In case of breach of any of the above conditions, the prosecution shall be
                                    at liberty to move bail cancellation application before this Court.
                                    September 29, 2026
                                    Manish Kr

                                                                                                 (Vivek Varma,J.)




Digitally signed by :-
MANISH KUMAR
High Court of Judicature at Allahabad