Allahabad High Court
AMIT KUMAR AHIRWARversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The bail application is allowed, and the applicant is entitled to be released on bail.
Summary
The Allahabad High Court considered a bail application filed by Amit Kumar Ahirwar, who was arrested under Section 3(1) of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986, and had been in jail since 13 August 2026. The applicant claimed false implication and pointed to his pending cases, noting that he was already on bail in the base case. 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 proceedings, rendering the applicant’s detention unlawful. Applying that precedent, the Court concluded that the applicant is entitled to bail despite his criminal history. Consequently, the bail application was allowed, subject to a personal bond and two sureties, and the applicant was directed to cooperate with the investigation.
Issues considered
- What is the effect of the Supreme Court’s declaration that the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986 is "still born" on pending proceedings under the Act?
- Whether the applicant’s prior criminal history precludes the grant of bail under the Act.
Legislation cited
Subjects
- bail
- U.P. Gangsters Act
- still born legislation
- criminal history
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35091 of 2026
Amit Kumar Ahirwar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Chandra Prakash Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri C.P. 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-
Amit Kumar Ahirwar to enlarge him on bail in Case Crime No. 139 of
2026, under Section 3(1) of U.P. Gangsters and Anti Social Activities
(Prevention) Act, 1986, P.S.- Ajnar, District- Mahoba, 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 applicant is on bail.
Apart from it, accused applicant has criminal history of three cases, out of
which in one case, he is on bail and in two cases he is on interim bail..
Investigation is continuing and the applicant is co-operating in the
investigation. The accused applicant is languishing in jail since
13.08.2026. 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
BAIL No. 35091 of 2026
2
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
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 the base case wherein applicant is on bail, 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
Sharad/-
Digitally signed by :-
SHARAD KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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