Allahabad High Court
SIYARAM CHEROversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The Supreme Court’s declaration that the U.P. Gangsters Act is "still born" makes the detention unlawful, so bail must be granted.
Summary
The High Court considered a bail application filed by accused Siyaram Chero under Section 3(1) of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986, while the trial was pending. The applicant argued that he had been falsely implicated, had no prior criminal record, and was already on bail in a related base case, with investigation still ongoing. The State opposed the bail. The Court relied on the Supreme Court’s decision in Shiv Pratap Singh Alias Chinu v. State of U.P. (2026 SCC Online SC 1677), which held that the Gangsters Act is "still born" and cannot sustain any proceedings, rendering the applicant’s detention unlawful. Consequently, without examining the merits, the Court granted bail, directing the applicant to furnish a personal bond and sureties, and to cooperate with the judicial process.
Issues considered
- Whether bail can be granted to an accused detained under Section 3(1) of the U.P. Gangsters and Anti‑Social Activities (Prevention) Act in view of the Supreme Court’s declaration that the Act is "still born"
- Whether the continued detention of the accused has any legal basis after the Supreme Court’s ruling
Legislation cited
Subjects
- bail
- U.P. Gangsters Act
- still born legislation
- criminal procedure
- Section 3(1)
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34756 of 2026
Siyaram Chero
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Jagat Narain Pandey, Sandeep Kumar
Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Sandeep Kumar Tiwari, learned counsel for accused
applicant and learned A.G.A. for State.
2. The present bail application has been moved by the applicant accused-
Siyaram Chero to enlarge him on bail in Case Crime No. 143 of 2026,
under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention)
Act, 1986, P.S.- Kon, District- Sonbhadra, during the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused
applicant has been falsely implicated by the police under the provision of
Gangsters Act on the basis of one base case, in which, the applicant is on
bail. The accused-applicant has no other criminal history. The
investigation is continuing. The accused applicant is languishing in jail
since 28.08.2026. He seeks enlargement of accused on bail.
4. Learned A.G.A. for State opposed the bail application.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Hon'ble The Supreme Court in the case of Shiv Pratap Singh Alias
Chinu Vs. State of U.P. & Ors reported in 2026 SCC Online SC 1677
has considered the proceedings initiated under the Uttar Pradesh
Gangsters and Anti-Social Activities (Prevention) Act, 1986 and the Uttar
Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021
BAIL No. 34756 of 2026
2
and found that the Act is still born and the proceedings initiated under it
can not survive. Hence, if the proceedings under the Act can not survive
in view of the dictum of Hon'ble The Supreme Court dealt herein above,
the incarceration of accused/applicant under the provision of the Act has
no legal basis.
7. Considered that in the solitary case, the applicant is on bail and
investigation is continuing and in the light of aforesaid judgment of Hon'ble
the Supreme Court, the accused/applicant is entitled to be released on bail.
8.Hence, without touching merit of the case, the bail application is
allowed.
9. The accused/applicant be released on bail in the aforesaid case on
furnishing a personal bond and two sureties each in the like amount to the
satisfaction of court concerned in view of observation made by the
Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
re [(2024)10SCC 685].
10. The accused-applicant shall cooperate in judicial process for fair and
speedy disposal.
(Avnish Saxena,J.)
September 30, 2026
Shivangi
Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad
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