Allahabad High Court
SHIVA AND 2 OTHERSversusSTATE OF U.P.
- Decided
Holding
The court held that, given the applicants’ prior bail, lack of other pending cases, and after applying the Supreme Court’s criteria, the requirements for anticipatory bail were met and therefore it was granted.
Summary
The Allahabad High Court considered an anticipatory bail application filed under Section 482 of the Criminal Procedure Code in connection with a case under Sections 2 and 3 of the Gangster Act. The applicants, already on regular bail in a related gang‑related case, claimed innocence and asserted that no other criminal proceedings existed against them. The State opposed the bail, arguing potential risks of flight, evidence tampering, and witness intimidation. Citing the Supreme Court’s guidelines in Siddharam Satlingappa Mhetre v. State of Maharashtra, the court examined the nature of the accusation, the applicants’ antecedents, and the possibility of misuse of liberty. Finding that the criteria for anticipatory bail were satisfied, the court granted the application with a personal bond and specific conditions. The order also empowered the prosecution to seek cancellation if conditions are breached.
Issues considered
- Whether anticipatory bail should be granted to the applicants under Section 482 CrPC in view of the allegations under the Gangster Act.
- Whether the applicants pose a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the existence of prior bail in a related case affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Gangster Act — s. 2, 3
Subjects
- anticipatory bail
- Section 482 CrPC
- Gangster Act
- bail conditions
- false implication
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 2009 of 2026
Shiva And 2 Others
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Singh, Ashwani Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Mr. Ashwani Singh, learned counsel for the applicant, Mr.
Ashish Kumar Tripathi, learned A.G.A. for the State and perused the
record.
2. The present application has been moved seeking anticipatory bail in
Case Crime No. 36 of 2025 under Section 2/3 of Gangster Act, Police
Station Gabhana, District Aligarh, with the prayer that in the event of
arrest, applicant may be released on bail.
3. It has been argued by the learned counsel for the applicants that
applicants are innocent and he has been falsely implicated in this case. It
is further submitted that the applicants are on bail in the solitary case
shown against them in gang chart. Computer generated copy of the order
dated 20.03.2024 passed in Criminal Misc. Bail Application no.-3492 of
2024 by which the applicant-Shiva has been granted regular bail by Co-
ordinate Bench of the Court has been filed, which is taken on record.
Apart from the above no other case is registered against the applicants. It
was also submitted that applicants undertake to co-operate during trial and
they would appear as and when required by the investigating agency or
Court. It has been stated that in case, applicants are granted anticipatory
bail, they shall not misuse the liberty of bail and will co-operate with the
investigation and would obey all conditions of bail.
4. On the other hand, learned A.G.A. has opposed the application for
NABAIL No. 2009 of 2026
2
anticipatory bail.
5. The applicants are on bail in the solitary case shown against them in
gang chart. Apart from the above no other case is registered against the
applicants.
6. It may be stated that in case of Siddharam Satlingappa Mhetre v.
State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble
Supreme Court that while deciding anticipatory bail, Court must consider
nature and gravity of accusation, antecedent of accused, possibility of
accused to flee from justice and that Court must evaluate entire available
material against the accused carefully and that the exact role of the
accused has also to be taken into consideration.
7. In the instant case, considering the settled principle of law regarding
anticipatory bail, submissions of the learned counsel for the parties, role
of applicants and all attending facts and circumstances of the case,
without expressing any opinion on merits, a case for anticipatory bail is
made out.
8. The anticipatory bail application is allowed.
9. In the event of arrest of the applicants- Shiva, Satyam @ Narendra
and Shekhar Pratap Singh involved in the aforesaid case crime shall be
released on anticipatory bail on furnishing a personal bond of Rs. 50,000/-
with two sureties each in the like amount to the satisfaction of the Court
concerned, with the following conditions :-
(i) The applicants shall not tamper with evidence and that they would
appear before the trial Court on the date fixed unless exempted by the
Court concerned;
(ii) The applicants 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/her/them from disclosing such facts to the Court or to any
police officer;
(iii) The applicants would co-operate during trial and would not misuse
the liberty of bail.
NABAIL No. 2009 of 2026
3
(iv) The applicants shall not leave India without prior permission of the
Court concerned.
10. In default of any of the conditions, the prosecution shall be at liberty
to file appropriate application for cancellation of anticipatory bail granted
to the applicants.
(Jitendra Kumar Sinha,J.)
March 18, 2026
Virendra
Digitally signed by :-
VIRENDRA KUMAR BHARTEEY
High Court of Judicature at Allahabad
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