Allahabad High Court
RASHID @ DANGALversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that bail may be granted in the present case despite the seriousness of the charges, provided the applicant furnishes a personal bond and sureties and complies with the stipulated conditions.
Summary
Rashid @ Dangal was arrested under Sections 2 and 3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 and has been in custody since 10 January 2026. He applied for bail, contending that he was falsely implicated and that his prior criminal history had already resulted in bail in other cases. The State opposed the bail on the seriousness of the alleged offences. The court, without expressing an opinion on the merits, allowed the bail application, directing the applicant to furnish a personal bond and two sureties, and imposing conditions against tampering with evidence, witness intimidation, and non‑appearance. The bail is subject to cancellation upon breach of any condition, and the trial on merits will continue unaffected.
Issues considered
- Whether bail can be granted to an accused under Sections 2 and 3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 during the pendency of trial.
- Whether the applicant's claim of false implication and his prior bail history affect his eligibility for bail.
Legislation cited
Subjects
- bail
- criminal procedure
- U.P. Gangster Act
- false implication
- sureties
- trial pendency
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 4743 of 2026
Rashid @ Dangal
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ambleshwar Pandey, Anuj Srivastava,
Gyan Prakash Mishra, Om Shiv Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 54 out of 61)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today by the learned
counsel for the applicant is taken on record.
2. Heard Sri Naman Srivastava, Advocate holding brief of Sri Ambleshwar
Pandey, learned counsel for the applicant and Sri Ram Mohit Yadav, learned
A.G.A. for the State and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 04 of 2026, under Sections 2 &
3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police
Station - Sikandrabad, District - Bulandshahr, during the pendency of trial.
4. Learned counsel for the applicant contends that the applicant has been
falsely implicated under the Gangsters Act based on a gang chart citing three
criminal cases, in all of which he has already been enlarged on bail by the
court concerned. It is submitted that the applicant's additional criminal
history of six cases stands explained in the accompanying affidavit. The
applicant has been languishing in jail since 10.01.2026 and assures that, if
granted bail, he will not misuse the liberty and shall fully cooperate with the
trial.
5. Per contra, learned A.G.A. has vehemently opposed the bail prayer of the
applicant.
6. Without expressing any opinion on the merits, the bail application is
allowed. Let the applicant- Rashid @ Dangal, be released on bail on
furnishing a personal bond and two sureties to the satisfaction of the court
BAIL No. 4743 of 2026
2
concerned, subject to verification of sureties, with the conditions that he
shall not tamper with evidence or intimidate witnesses and shall appear
before the trial court as required.
7. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
September 18, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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