Allahabad High Court

NISHANT JOSHI AND ANOTHERversusSTATE OF U.P.

Decided: 17 March 2026
Bench: KRISHAN PAHAL

Holding

Bail was granted to the applicants subject to a personal bond, two sureties each, and conditions of non‑tampering with evidence, non‑intimidation of witnesses, and appearance before the trial court.

Summary

The High Court considered a bail application filed by Nishant Joshi and Abhishek Singh, who were arrested under Section 2(b)(i)/3 of the Uttar Pradesh Gangster and Anti‑Social Activities (Prevention) Act, 1986 in a case registered at Police Station Marka, Banda. The applicants contended that the charges were fabricated due to police rivalry and that they had already been granted bail in two other related gang‑chart cases; they had been in custody since 21 January 2026 and asserted they were not gang members. The State opposed the bail, but the court, without delving into the merits, allowed the application subject to a personal bond and two sureties per applicant, imposing conditions not to tamper with evidence, not to intimidate witnesses, and to appear before the trial court. The order also directed verification of identity, status and residence of the applicants and sureties before acceptance of the bond. The bail may be cancelled if any condition is breached.

Issues considered

Whether bail can be granted to accused under Section 2(b)(i)/3 of the U.P. Gangster and Anti‑Social Activities (Prevention) Act, 1986 pending trial

Legislation cited

U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 — s. 2(b)(i), 3

Subjects

bail
U.P. Gangster Act
criminal procedure
false implication
police rivalry
conditions of bail

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 9178 of 2026

Nishant Joshi And Another
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Ram Raksha Tiwari
Counsel for Opposite Party(s) : G.A.

Court No. - 66
(Sr. No.321 out of 328 T.C.)

HON'BLE KRISHAN PAHAL, J.

1. List has been revised. Supplementary affidavit filed by learned counsel for
the applicant is taken on record.

2. Heard learned counsel for the applicants, learned A.G.A. for the State and
perused the material placed on record.

3. By means of the present bail application, the applicants seek bail in Case
Crime No.01 of 2026, under Section 2(b)(i)/3 of U.P. Gangster and Anti-
Social Activities (Prevention) Act, 1986, Police Station- Marka, District-
Banda, during the pendency of trial.

4. It is argued by the learned counsel for the applicants that the prosecution
under the Gangsters Act have been launched against the applicants on the
basis of two criminal cases shown in the gang chart in which they have
already been enlarged on bail by the court concerned. The details of criminal
cases have been mentioned in paragraph nos.7 & 8 to the affidavit
accompanying the bail application. They have been falsely implicated in the
present case due to police rivalry.

5. Learned counsel for the applicants has further stated that they are not the
members of any gang. There is a criminal history of two cases against the
applicant, which has been explained. It is further stated that there is no other
criminal history of the applicant no.2. The applicants are languishing in jail
since 21.1.2026. In case, the applicants are released on bail, they will not
misuse the liberty of bail.
BAIL No. 9178 of 2026
2

6. On the other hand, learned AGA opposed the prayer for bail.

7. Without expressing any opinion on the merits, the bail application is
allowed. Let the applicants- Nishant Joshi and Abhishek Singh, involved
in aforesaid case crime be released on bail on their furnishing a personal
bond and two sureties each in the like amount to the satisfaction of the court
concerned with the following conditions that :-

(i) The applicant shall not tamper with evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall appear before the trial court on the date fixed.

8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail. Identity, status and residence proof of the applicants and
sureties be verified by the court concerned before the bonds are accepted.

(Krishan Pahal,J.)
March 18, 2026
Vikas Verma

Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad

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