Allahabad High Court
SHUBHAMversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The court held that the applicant is entitled to be released on bail.
Summary
The applicant, Shubham, filed a bail application in a criminal case (Crime No. 413 of 2025) under Sections 2 and 3 of the U.P. Gangsters and Anti‑Social Activities (Prevention) Act, 1986. He argued that although he is named as an accused in the present matter and three other base cases shown in a gang chart, he is not a gang member or leader and has not engaged in any anti‑social activity, and he is already on bail in all those cases. 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 he has been in custody for more than seven months but is on bail in all related cases. Considering the lack of evidence of gang leadership, the applicant’s bail status in other matters, and the length of pre‑trial detention, the court concluded that bail was appropriate. Consequently, the bail application was allowed subject to a personal bond, two sureties, and standard conditions.
Issues considered
- Whether bail should be granted to the accused under the U.P. Gangsters and Anti‑Social Activities (Prevention) Act, 1986, given the allegations of gang involvement and his prior criminal history.
Legislation cited
Subjects
- bail
- criminal procedure
- U.P. Gangsters Act
- pre‑trial detention
- anti‑social activities
- gang membership
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 9122 of 2026
Shubham
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sachin Malik
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE SAMEER JAIN, J.
1. Heard Sri Sachin Malik, learned counsel for the applicant and Sri
Shatrughan Yadav, learned AGA for the State.
2. The instant application has been filed seeking release of the applicant on
bail in Case Crime No.413 of 2025, under Section 2/3 of U.P. Gangsters and
Anti Social Activities (Prevention) Act, 1986, Police Station Baraut, District
Baghpat, during pendency of the trial.
3. Learned counsel for the applicant submits, on the basis of three 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.
4. He further submits, however apart from the present case and base cases
shown in the gang chart, applicant is having criminal history of three cases
but in these cases also applicant is on bail.
5. He next submits, in the present matter applicant is in jail since 05.09.2025
i.e. for last more than seven months.
6. 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.
7. I have heard learned counsel for the parties and perused the record of the
case.
8. However, on the basis of the three cases shown in the gang chart applicant
has been made accused in the present matter but in all the three base cases he
BAIL No. 9122 of 2026
2
is on bail. Further, it also reflects, apart from the present case and the base
cases shown in the gang chart, applicant is having criminal history of three
other cases but in these cases also, applicant is on bail. Further, in the
present matter applicant is in jail since 05.09.2025.
9. Therefore, considering the facts and circumstances of the case discussed
above, in my view, applicant is entitled to be released on bail.
10. Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
11. Let the applicant - Shubham 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.
12. 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.
13. 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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