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Allahabad High Court

DEEPAK BADKAREYA KHATIKversusSTATE OF U.P.

Decided

Holding

The applicant is entitled to be released on bail.

Summary

The applicant, Deepak Badkareya Khatik, filed a bail application in a case under Sections 2(kha)(1) and 3 of the U.P. Gangsters and Anti‑Social Activities Act, 1986. He argued that he is not a gang member or leader, has no criminal history apart from two prior cases where he was already released on bail, and has been in custody since 01‑10‑2025. The State opposed bail but did not dispute the factual submissions. The court examined the record, noted the applicant’s lack of prior convictions and the fact that he had already been granted bail in the related cases, and concluded that bail was appropriate. Without commenting on the merits of the underlying criminal charge, the court ordered the applicant’s release on bail subject to a personal bond, two sureties, and conditions prohibiting tampering with evidence, inducement of witnesses, and further anti‑social activity.

Issues considered

  • Whether the applicant is entitled to bail under the U.P. Gangsters and Anti‑Social Activities Act given his alleged lack of gang affiliation and prior bail history.

Legislation cited

  • U.P. Gangsters and Anti Social Activities Act, 1986 — s. 2(kha)(1), 3

Subjects

  • bail
  • U.P. Gangsters and Anti‑Social Activities Act
  • criminal procedure
  • gang affiliation
  • sureties
  • court conditions

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

     CRIMINAL MISC. BAIL APPLICATION No. - 8630 of 2026

Deepak Badkareya Khatik
                                                             .....Applicant(s)
                                   Versus
State of U.P.
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)         : Ashish Kumar, Dilip Kumar Goswami
Counsel for Opposite Party(s)    : G.A.

Court No. - 66
                      HON'BLE SAMEER JAIN, J.

1. Heard Sri Dilip Kumar Goswami, learned counsel for the applicant and
Sri Kunwar Tejendra Bahadur, learned AGA for the State.

2. The instant application has been filed seeking release of the applicant on
bail in Case Crime No.262 of 2025, under Sections 2(kha) (1)/3 of U.P.
Gangsters and Anti Social Activities Act, 1986, Police Station Badagaon,
District Jhansi, during pendency of the trial in the court below.

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 and in both the cases
shown in the gang chart, he has already been released on bail. He further
submitted that apart from the cases shown in the gang chart, applicant is not
having any criminal history to his credit and in the present matter, he is in
jail since 01.10.2025, therefore, he may be released on bail.

4. Per contra, learned AGA however opposed the prayer for bail but could
not dispute the arguments on facts advanced by learned counsel for the
applicant.

5. I have heard learned counsel for the parties and perused the record of the
case.

6. It appears that on the basis of the two cases shown in the gang chart
applicant has been made accused in the present case and in both the cases, he
has already been enlarged on bail and apart from the cases shown in the gang
                                                                                                BAIL No. 8630 of 2026
                                                                     2


                                    chart, applicant is not having any criminal history and in the present matter,
                                    he is in jail since 01.10.2025, therefore, this Court is of the view that it is a
                                    fit case to release the applicant on bail.

                                    7. Therefore, considering the facts and circumstances of the case discussed
                                    above, in my view, applicant is entitled to be released on bail.

                                    8. Accordingly, without expressing any opinion on the merits of the case, the
                                    instant bail application is allowed.

                                    9. Let the applicant - Deepak Badkareya Khatik 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.

                                    10. 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.

                                    11. 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.

                                    April 20, 2026
                                    Mini
                                                                                                  (Sameer Jain,J.)




Digitally signed by :-
MINI KANAUJIYA
High Court of Judicature at Allahabad


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