Allahabad High Court

KAMAL RATHOREversusSTATE OF U.P. AND ANOTHER

Decided: 20 September 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The Court allowed the anticipatory bail application, finding no substantial reason to deny bail.

Summary

The High Court considered an anticipatory bail application filed by Kamal Rathore under Section 482 of the Code of Criminal Procedure in connection with a case under Sections 2 and 3 of the U.P. Gangsters and Anti‑Social Activities (Prevention) Act. The applicant claimed false implication based on a solitary base case in the gang chart and was already on bail in the matter. The State opposed the bail but did not dispute the factual submissions. The Court noted the applicant's limited criminal history, the grant of interim protection to co‑accused in similar writ petitions, and found a low likelihood of the applicant repeating the alleged offence. Consequently, the Court ordered that anticipatory bail be granted with standard conditions and the power to cancel it on breach.

Issues considered

Whether anticipatory bail should be granted to the applicant under Section 482 CrPC in view of the alleged false implication and his criminal history
Whether the applicant poses a risk of repeating the alleged offence or tampering with witnesses

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
U.P. Gangsters and Anti‑Social Activities (Prevention) Act — s. 2, 3

Subjects

anticipatory bail
Section 482 CrPC
U.P. Gangsters Act
false implication
bail conditions
criminal history

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9095 of 2026

Kamal Rathore
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Asheesh Mani Tripathi, Bhishm Pal
Singh
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.0205 of 2026, under Section 2/3 of U.P.
Gangsters and Anti Social Activities (Prevention) Act, Police Station-
Civil Lines, District Meerut, 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 has contended that the applicant has
been falsely implicated in the present case on the basis of a solitary base
case mentioned in the gang chart. The applicant is on bail in the said case.
The co-accused Dilavar Sainin has been granted interim protection by this
Court in Criminal Misc. Writ Petition No. 20512 of 2026 and the co-
accused Zafar Abbas has also been granted interim protection by this
Court in Criminal Misc. Writ Petition No. 20509 of 2026. The case of the
applicant stands on a similar footing. The applicant has criminal history of
two other cases, one being a matrimonial dispute and the other being a
minor offence which do not, in the event of conviction, entail a
punishment of more than seven years.

4. Learned AGA has opposed the prayer for bail but could not dispute the
factual submissions made by learned counsel for the applicant.
NABAIL No. 9095 of 2026
2

5. I have considered the submissions made by learned counsel for the
parties.

6. The applicant has been nominated in the present case on the basis of a
solitary base case mentioned in the gang chart. He is on bail in the said
case. The criminal history of the applicant has been duly explained. In the
prima facie opinion of the Court, there appears to be least likelihood of
the applicant repeating the crime in the near future. Co-accused have been
granted interim protection by this Court.

7. Taking into account all the facts and circumstances of the case and
without expressing any opinion on the merits of the case, I deem it fit to
enlarge the applicant on anticipatory bail.

8. In view of the above, the anticipatory bail application of the applicant
is allowed.

9. In the event of the arrest of the applicant Kamal Rathore, 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;

10. In case of breach of any of the above conditions, the Court concerned
shall be at liberty to cancel the bail.
NABAIL No. 9095 of 2026
3

11. 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 21, 2026
S.A.

Digitally signed by :-
SALMAN AHMAD
High Court of Judicature at Allahabad

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