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Allahabad High Court

SHAMSHUL @ SHULLAversusSTATE OF U.P.

Decided

Holding

The bail application is allowed, and the accused is entitled to release on bail.

Summary

Shamshul @ Shulla applied for bail in a criminal case (Crime No. 102 of 2026) filed under Sections 2 and 3 of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986. The applicant contended that he was falsely implicated, has no prior criminal record, and has been cooperating with the ongoing investigation while being detained since 6 June 2026. The State opposed the bail, but the Court considered 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 Act is "still born" and cannot sustain proceedings. Relying on that precedent and the applicant’s clean history, the Court concluded that there is no legal basis for continued incarceration. Consequently, the bail application was allowed without addressing the merits of the underlying case. The applicant was ordered to be released on personal bond and two sureties, subject to cooperation with the judicial process.

Issues considered

  • Whether bail should be granted to the accused under the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986 in view of the Supreme Court’s declaration that the Act is "still born".
  • Whether the applicant’s lack of criminal history and alleged false implication justify bail.

Legislation cited

Subjects

  • bail
  • Uttar Pradesh Gangsters Act
  • false implication
  • Supreme Court precedent
  • personal bond
  • sureties
  • criminal procedure

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. BAIL APPLICATION No. - 34796 of 2026

Shamshul @ Shulla
                                                             .....Applicant(s)
                                    Versus

State of U.P.
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                            :     Anil Kumar
Counsel for Opposite Party(s)                       :     G.A.

Court No. - 69
                      HON'BLE AVNISH SAXENA, J.

1. Heard Sri Anil Kumar, learned counsel for accused applicant and learned
A.G.A. for State.

2. The present bail application has been moved by the applicant accused-
Shamshul @ Shulla to enlarge him on bail in Case Crime No. 102 of 2026,
under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention)
Act, 1986, P.S.- Sikandarpur Vaish, District- Kasganj, 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 three base cases, in which applicant is on bail.
Apart from it, accused applicant has no criminal history. The investigation is
continuing and the accused/applicant is cooperating in the investigation. The
accused applicant is languishing in jail since 06.06.2026. 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
                                                                                             BAIL No. 34796 of 2026
                                                                       2


                                    Anti-Social Activities (Prevention) Act, 1986 and the Uttar Pradesh
                                    Gangsters and Anti-Social Activities (Prevention) Rules, 2021 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 the criminal history is explained 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
                                    Abhishek Sri.




Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad


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