Allahabad High Court

AHMADversusSTATE OF U.P.

Decided: 18 March 2026
Bench: ASHUTOSH SRIVASTAVA

Holding

The court held that bail is permissible under section 19(4) of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986 and granted the application.

Summary

The High Court considered a bail application filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for Ahmad, who is charged under section 3(1) of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986. The applicant asserted that he is innocent, has no gang affiliation, and poses no risk of fleeing or tampering with witnesses, while the State offered no additional incriminating material. Relying on section 19(4) of the Gangsters Act, the court examined the nature of the offence, the applicant’s personal circumstances, and the likelihood of trial delay. Finding no substantive reason to deny bail, the court granted bail subject to a personal bond, two sureties, and strict conditions to prevent witness intimidation or evidence tampering. The order expressly limited its scope to the bail application and did not comment on the merits of the underlying criminal case.

Issues considered

Whether bail can be granted to an accused under section 3(1) of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986 pending trial.
Whether the applicant poses a flight risk or a risk of tampering with witnesses.
Whether section 19(4) of the Gangsters Act permits bail in the present circumstances.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986 — s. 19(4), 3(1)

Subjects

bail
criminal procedure
Uttar Pradesh Gangsters Act
Bharatiya Nagarik Suraksha Sanhita
flight risk
witness tampering
section 19(4) bail provision

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 8338 of 2026

Ahmad
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Abdul Mateen
Counsel for Opposite Party(s) : G.A.

Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard learned counsel for the applicant, Shri Rajesh Kumar Singh, learned
AGA for the State-respondents and perused the record.

The present bail application under section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 has been filed on behalf of applicant with a prayer to
release him on bail in Case Crime No. 2 of 2026, under Section 3(1) Uttar
Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986,
registered at Police Station Shohratgarh, District Siddharth Nagar, during
pendency of the trial.

It has been submitted by learned counsel for the applicant that the applicant
is innocent and has been falsely implicated in this case due to ulterior
motive. In gang-chart annexed as Annexure No. 2, two criminal cases have
been shown and in both the cases, the applicant is on bail.

It is further submitted that the applicant is not a member or leader or
organizer of a gang and he has not abetted or assisted in the activities of a
gang as enumerated in clause (b) of Section 2 of the Act. Applicant has no
criminal history except the aforesaid case. It is next submitted that there is
also no possibility of the applicant either fleeing away from the judicial
process or tampering with the witnesses. The applicant, who is languishing
in jail since 31.01.2026, undertakes that he will not misuse the liberty, if
granted. It has also been pointed out that in the wake of heavy pendency of
cases in the Court, there is no likelihood of any early conclusion of trial.
BAIL No. 8338 of 2026
2

Per contra learned A.G.A. has opposed the prayer for bail of the applicant,
but has not pointed out any other case against the applicant except the cases
shown by learned counsel for the applicant.

Upon considering the totality of facts, nature and the evidence reflected from
record and also taking into consideration the provision of Section 19(4) of
the Act and without expressing any opinion on merits of the case, I find it to
be a fit case for bail. Hence, the present bail application is allowed.

Let the accused-applicant, Ahmad, be released on bail in the aforesaid
case crime number on his furnishing a personal bond and two reliable
sureties of the like amount to the satisfaction of the court concerned with the
following conditions-

(i) The applicant shall not directly or indirectly make any inducement,
threat, or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the court or to any police
officer or tamper with the evidence.

(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 313 of Cr.P.C.

(iv) The applicant shall file an undertaking to the effect that he shall not seek
any adjournment on the dates fixed for evidence when the witnesses are
present in the trial court.

(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.

In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.

It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as an
expression on the merits of the case. The trial court shall be absolutely free
to arrive at its independent conclusions on the basis of evidence led
BAIL No. 8338 of 2026
3

unaffected by anything said in this order.

(Ashutosh Srivastava,J.)
March 19, 2026
Vibha Singh

Digitally signed by :-
VIBHA SINGH
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…