Allahabad High Court
MOHD. GUFRAN AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The Court held that, because the Act is declared "still born" by the Supreme Court, the detention lacks legal basis and bail must be granted.
Summary
The accused Mohd. Gufran and Mohd. Sufian applied for bail in a case filed under Sections 2 and 3 of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986. They claimed false implication, noting that one has a prior conviction while the other has no criminal record, and asserted cooperation with the investigation. 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 Act is "still born" and cannot sustain proceedings, rendering the detention unlawful. Consequently, the Court granted bail without examining the merits, ordering the release on personal bond and sureties, and directed the accused to cooperate with the judicial process.
Issues considered
- Whether bail can be granted to 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 criminal history affects the grant of bail.
Legislation cited
Subjects
- bail
- Uttar Pradesh Gangsters Act
- pre‑trial detention
- Supreme Court precedent
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35097 of 2026
Mohd. Gufran And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rakesh Chandra Pathak, Yogesh
Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Yogesh Kumar Mishra, learned counsel for accused applicant
and learned A.G.A. for State.
2. The present bail application has been moved by the applicant accused-
Mohd. Gufran and Mohd. Sufian to enlarge them on bail in Case Crime
No. 160 of 2026, under Section 2/3 of U.P. Gangsters and Anti Social
Activities (Prevention) Act, 1986, P.S.- Charthawal, District-
Muzaffarnagar, during the pendency of trial.
3. It is the contention of learned counsel for applicants that the accused
applicants have been falsely implicated by the police under the provision of
Gangsters Act on the basis of one base case, in which applicants are on bail.
Apart from it, accused applicant no. 1 has criminal history of one case,
wherein he has been convicted on confession. The accused applicant no. 2
has no criminal history. Investigation is continuing and the applicants are co-
operating in the investigation. The accused applicants are languishing in
jail since 02.09.2026. 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. 35097 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 that the criminal history is explained and in the light of
aforesaid judgment of Hon'ble the Supreme Court, the accused/applicant are
entitled to be released on bail.
8.Hence, without touching merit of the case, the bail application is allowed.
9. The accused/applicants 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-applicants 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
Checking your session…