Allahabad High Court
SULTAN ALIAS RAJUversusSTATE OF U.P. THRU. HOME SECREATARY ( MINISTRY OF HOME )
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The Court held that the applicant is entitled to be released on bail during the pendency of the trial.
Summary
The High Court considered a bail application filed by Sultan Alias Raju, accused under Sections 2B(1)(viii)(xi) and 3(1) of the U.P. Gangsters and Anti‑Social Activities (Prevention) Act, 1986 in Crime No. 39 of 2025. The applicant argued that he was implicated only through a solitary case in a gang chart, is not a gang member or leader, and has already been released on bail in that case, though he has a history of 41 other cases. The State opposed bail but did not dispute the factual contentions. After reviewing the record, the Court, without commenting on the merits, held that the applicant is entitled to bail during the trial, subject to a personal bond, two sureties, and conditions of cooperation, non‑tampering with witnesses, and refraining from illegal activity. The Court ordered verification of sureties and directed that bail may be cancelled on breach of conditions.
Issues considered
- Whether the accused, Sultan Alias Raju, is entitled to bail under the U.P. Gangsters and Anti‑Social Activities (Prevention) Act, 1986 pending trial.
Legislation cited
- U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 — s. 2B(1)(viii)(xi), 3(1)
Subjects
- bail
- criminal procedure
- U.P. Gangsters Act
- anti‑social activities
- trial pendency
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 37893 of 2025
Sultan Alias Raju
.....Applicant(s)
Versus
State Of U.P. Thru. Home Secreatary ( Ministry Of
Home ) .....Opposite
Party(s)
Counsel for Applicant(s) : Dheerendra Kumar, Karma Singh
Yadav, Pawan Kumar Vishwakarma
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Heard learned counsel for the applicant and learned AGA for the State-
respondent.
2. The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 39 of 2025, under Sections 2B(1)(viii)(xi), 3(1) U.P.
Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-
Kotwali, District- Gorakhpur, during pendency of the trial in the court
below.
3. Applicant was made accused in the present case on the basis of solitary
case shown against him in the gang chart.
4. Learned counsel for the applicant submitted that on the basis of solitary
case shown in the gang chart, applicant has been made accused in the present
matter. He further submitted that applicant is neither member nor leader of
any gang and he never indulged in any anti-social activity and in the solitary
case shown in the gang chart, he has already been released on bail.
5. He further submitted that apart from the solitary case shown in the gang
chart, applicant is having criminal history of 41 cases and entire criminal
history of the applicant has been explained in the affidavit and
supplementary affidavit filed in support of the instant bail application and in
the present matter, he is in jail since 03.11.2025. He further submits that co-
accused Tabrez, Ramraksha Yadav @ Teju and Adarsh Mishra Alias
BAIL No. 37893 of 2025
2
Salonay have been released on bail by co-ordinate Bench(s) of this Court
and their bail orders have been appended at page nos. 98, 100 and 102
respectively of the instant bail application.
6. Per contra, learned AGA opposed the prayer for bail but could not dispute
the factual arguments advanced by learned counsel for the applicant.
7. I have heard learned counsel for the parties and perused the record of the
case.
8. Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of the punishment, and submissions of learned counsel
for the parties; without expressing any opinion on the merits of the case,
this Court is of the view that the applicant is entitled to be enlarged on
bail during the pendency of the trial.
9. Let applicant, Sultan Alias Raju be released on bail in the aforesaid
case on his executing a personal bond and furnishing two sureties each in
the like amount to the satisfaction of the court concerned subject to the
following conditions:-
i. The applicant will continue to attend and co-operate in the trial pending
before the court concerned on the date fixed after release.
ii. He will not tamper with the witnesses.
iii. He will not indulge in any illegal activities during the bail period.
10. It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.
11. In case of breach of any of the above conditions, the trial court will be
at liberty to cancel the bail.
(Jai Prakash Tiwari,J.)
May 14, 2026
KK Patel
Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad
Checking your session…