Allahabad High Court
AKASH CHAUHANversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court granted anticipatory bail to the applicant.
Summary
The applicant, Akash Chauhan, filed an anticipatory bail application fearing arrest in a case under Section 3(1) of the U.P. Gangsters and Anti‑Social Activities (Prevention) Act, 1986. He asserted that he was falsely implicated, noting that only a single base case appears against him in the gang chart and that he is already on bail in that case, with no prior convictions. The State opposed the relief but could not effectively counter the applicant’s submissions. The court, after considering the applicant’s clean criminal record and the fact that he is already on bail in the base case, found it appropriate to grant anticipatory bail. The order directed the applicant to furnish a personal bond and surety and imposed conditions such as cooperation with police, no intimidation of witnesses, and no travel abroad without court permission. The court clarified that its observations are limited to the bail application and do not constitute an opinion on the merits of the underlying case.
Issues considered
- Whether anticipatory bail can be granted to the applicant under Section 3(1) of the U.P. Gangsters and Anti‑Social Activities (Prevention) Act, 1986 given the facts
- Whether the applicant’s lack of prior convictions and existing bail in the base case justify anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- U.P. Gangsters and Anti Social Activities (Prevention) Act
- false implication
- bail conditions
- criminal history
- Section 3(1)
- Section 482
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8514 of 2026
Akash Chauhan
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Vishnu Kant Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Learned counsel for the applicant, the Learned A.G.A. for the
State and perused the record.
2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No.93 of 2026, under Section 3(1) of U.P.
Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. -
Meerganj, District- Jaunpur, with a prayer to enlarge him on anticipatory
bail as the applicant apprehends his arrest in the above-mentioned case.
3. Learned counsel for the applicant submits that the applicant has been
falsely implicated in the present case. Only single base case has been
shown in the gang chart against the applicant and in the said case, the
applicant is on bail. The applicant has not been convicted in any offence.
The applicant has no other criminal history except the single base
case shown against him in the gang chart.
4. The Learned A.G.A. has opposed the prayer for grant of anticipatory
bail, however, has been unable to dispute the submissions made by the
Learned counsel for the applicant.
5. I have considered the submissions made by the Learned counsels for
the parties.
6. Taking into consideration the fact that only single base case has been
shown against the applicant in which the applicant is on bail, having no
other criminal history and also the fact that applicant is not a previous
NABAIL No. 8514 of 2026
2
convict, I deem it fit to enlarge the applicant on anticipatory bail.
7. In view of the above, the anticipatory bail application of the applicant
is allowed.
8. In the event of the arrest of the applicant Akash Chauhan, he shall be
released forthwith in the aforesaid case crime on anticipatory bail on
furnishing a personal bond and surety each in the like amount to the
satisfaction of the Station House Officer of the police station/Court
concerned with the following conditions:-
i. the applicant shall make himself available for interrogation by a police
officer as and when required;
ii. that the applicant 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 from disclosing such facts to the Court or to any police
officer;
iii. that the applicant shall not leave India without the previous permission
of the Court;
iv. that the applicant shall not pressurize/intimidate the prosecution
witness;
9. In case of breach of any of the above conditions, the Court concerned
shall be at liberty to cancel the bail.
10. It is made clear that observations made hereinabove are exclusively
for deciding the instant anticipatory bail application and are not to be
considered to be an opinion on the merits of the case.
(Rajiv Lochan Shukla,J.)
September 8, 2026
Sachin
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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