Allahabad High Court
ANILversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The Court granted bail to the applicant.
Summary
The applicant, Anil, sought bail in a criminal case (Crime No. 592 of 2025) filed under Sections 2 and 3 of the U.P. Gangsters and Anti‑Social Activities (Prevention) Act, 1986. He argued that he is neither a gang member nor a leader and that in the two related base cases shown in the gang chart, as well as in thirteen other prior cases, he was already on bail. The State opposed bail but did not dispute the factual submissions made by the applicant. The Court examined the applicant’s criminal history, noting that most prior cases involved theft and that he had been granted bail in all of them, and considered his continued detention since July 2025. Concluding that the circumstances warranted release, the Court allowed the bail application without commenting on the merits of the underlying charges. The bail was conditioned on personal bond, sureties, appearance in court, non‑interference with witnesses, and abstention from criminal or anti‑social activities.
Issues considered
- Whether bail should be granted to an accused under the U.P. Gangsters and Anti‑Social Activities (Prevention) Act, 1986 in view of alleged gang involvement and prior criminal history
Legislation cited
Subjects
- bail
- U.P. Gangsters and Anti‑Social Activities (Prevention) Act
- criminal history
- gang involvement
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 8384 of 2026
Anil
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashutosh Dwivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE SAMEER JAIN, J.
1. Heard Sri Ashutosh Dwivedi, learned counsel for the applicant and Sri
Manoj Kumar Singh, learned Brief holder for the State.
2. The instant application has been filed seeking release of the applicant
on bail in Case Crime No.592 of 2025, under Sections 2/3 of U.P.
Gangsters and Anti Social Activities (Prevention) Act, 1986, Police
Station Chhata, District Mathura, during pendency of the trial.
3. Learned counsel for the applicant submits, on the basis of two cases
shown in the gang chart applicant has been made accused in the present
matter. He further submits, applicant is neither member nor leader of any
gang and he never indulged in any anti-social activity. He next submits, in
the base cases shown in the gang chart he is on bail.
5. He further submits, however apart from the present case and base cases
shown in the gang chart, earlier also applicant has been made accused
inasmuch as 13 cases but his entire criminal history has been explained in
the bail application. He further submits, it reflects majority of the cases
were of theft and, therefore, it appears during investigation, in these cases
police implicated him. He next submits, even in all these cases, applicant
is on bail.
6. He next submits, however, applicant is in jail since 05.07.2025 but in
the present matter, he is in jail since December, 2025.
7. Per contra, learned AGA however opposed the prayer for bail but could
BAIL No. 8384 of 2026
2
not dispute the arguments on facts advanced by learned counsel for the
applicant.
8. I have heard learned counsel for the parties and perused the record of
the case.
9. However, on the basis of the two cases shown in the gang chart
applicant has been made accused in the present matter but in both the base
cases he is on bail. Further, however, earlier also applicant has been made
accused in 13 cases but his entire criminal history has been explained and
it reflects, majority of the cases were of theft and, therefore, it reflects
during investigation, in these cases police made him accused. Further,
however, applicant is in jail since 05.07.2025 but even in the present
matter, he is in jail since December, 2025.
10. Therefore, considering the facts and circumstances of the case
discussed above, in my view, applicant is entitled to be released on bail.
11. Accordingly, without expressing any opinion on the merits of the
case, the instant bail application is allowed.
12. Let the applicant - Anil 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 the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed,
unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer
or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social
activity.
13. In case of breach of any of the above condition, the prosecution will
be at liberty to move an application before this Court for cancellation of
the bail of the applicant.
BAIL No. 8384 of 2026
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14. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and
the said observations shall have no bearing on the merits of the case
during trial.
(Sameer Jain,J.)
April 20, 2026
Mini
Digitally signed by :-
MINI KANAUJIYA
High Court of Judicature at Allahabad
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