Allahabad High Court
PRINCE SINGHversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The bail application is allowed, and the accused is released on bail.
Summary
Prince Singh, accused under Section 3(1) of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986 in a case registered at Chopan police station, was detained since 26‑08‑2026 despite being on bail in a separate solitary case. He contended that the police had falsely implicated him, he had no prior criminal record, and he was cooperating with the investigation. The State opposed his bail application. 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 Act is "still born" and cannot sustain proceedings, rendering his detention legally untenable. Consequently, the Court granted bail without addressing the merits of the underlying case, ordering release on personal bond and sureties, and directing the accused to cooperate with the judicial process.
Issues considered
- Whether bail can be granted to an accused under the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act in view of the Supreme Court’s declaration that the Act is "still born".
- Whether the accused’s lack of criminal history and cooperation with investigation justify bail.
Legislation cited
- U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 — s. 3(1)
- Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Rules — s. 2021
Subjects
- bail
- U.P. Gangsters Act
- pre‑trial detention
- false implication
- criminal history
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35071 of 2026
Prince Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Jainendra Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Jainendra Kumar Pandey, learned counsel for accused applicant
and learned A.G.A. for State.
2. The present bail application has been moved by the applicant accused-
Prince Singh to enlarge him on bail in Case Crime No. 0330 of 2026, under
Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act,
1986, P.S.- Chopan, 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 solitary case, in which applicant is on bail.
Apart from it, accused applicant has no criminal history. The charge sheet
has been submitted. The investigation is continuing and the
accused/applicant is cooperating in the investigation. The accused/applicant
is languishing in jail since 26.08.2026. 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
BAIL No. 35071 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.)
October 1, 2026
Abhishek Sri.
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
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