NEELESH KUMAR AND 2 OTHERSversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 35118 of 2026

Neelesh Kumar And 2 Others
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)                   :   Satya Narayan Yadav
Counsel for Opposite Party(s)              :   G.A.

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

1. Sri Ram Kishor Mishra, learned counsel for the informant is one of the
case, has hands up vakalatnama, the same is taken on record.

1A. Sri Satya Narayan Yadav, learned counsel has hands up
supplementary affidavit explaining criminal history, the same is taken on
record.

1B. Heard Sri Yadav, learned counsel for accused applicants, Sri Mishra,
learned counsel for the informant and learned A.G.A. for State.

2. The present bail application has been moved by the accused applicants-
Neelesh Kumar, Ravi Kumar and Nitin @ Sonu to enlarge him on bail
in Case Crime No. 676 of 2026, under Section 2/3 of U.P. Gangsters and
Anti Social Activities (Prevention) Act, 1986, P.S.- Shikohabad, District-
Firozabad, 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 two base cases, in which applicants are
on bail. Apart from it, applicant no.1 has one case criminal history,
wherein, he is on bail; there is no other criminal history of the accused
applicant no.2 and accused applicant no.3 has three cases criminal history,
wherein, he is on bail. The investigation is continuing. The accused
applicants are languishing in jail since 1.9.2026. He seeks enlargement of
accused on bail.
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                                    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
                                    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
                                    Krishna*




Digitally signed by :-
KRISHNA KUMAR
High Court of Judicature at Allahabad