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Allahabad High Court

VARISversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court allowed the anticipatory bail application, granting bail subject to conditions.

Summary

The High Court of Allahabad considered an anticipatory bail application filed by Varis under Section 482 of the CrPC in connection with a case under Sections 2 and 3 of the U.P. Gangsters and Anti‑Social Activities (Prevention) Act, 1986. The applicant claimed he was falsely implicated, noting that the only base case shown against him already had him on bail and that he had no prior convictions despite nine other pending cases. The State opposed the bail but could not refute the applicant’s submissions. Weighing the lack of a conviction and the fact that the applicant was already on bail in the base case, the court deemed it appropriate to grant anticipatory bail with standard conditions. The order directed that, if arrested, the applicant be released on personal bond and surety, subject to conditions such as cooperation with police interrogation, no intimidation of witnesses, and no travel abroad without permission.

Issues considered

  • Whether anticipatory bail should be granted under Section 482 CrPC in a case under the U.P. Gangsters and Anti‑Social Activities (Prevention) Act, 1986 where the applicant claims false implication.
  • Whether the applicant’s prior pending criminal cases and lack of conviction justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482 CrPC
  • U.P. Gangsters Act
  • false implication
  • bail conditions
  • no prior conviction

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 9225 of 2026

Varis
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)                        :    Irshad Ahmad
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.226 of 2026, under Section 2/3 of U.P.
Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. -
Mundapandey, District- Moradabad, 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. Apart from the present case and case shown in the
gang chart, applicant is having criminal history of nine other cases, which
have been duly explained. The applicant has not been convicted in any
offence.

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.
                                                                                          NABAIL No. 9225 of 2026
                                                                   2


                                    6. Taking into consideration the fact that only single base case has been
                                    shown against the applicant in which the applicant is on bail, apart from
                                    the present case and case shown in the gang chart, applicant is having
                                    criminal history of nine other cases, which have been duly explained and
                                    also the fact that applicant is not a previous 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 Varis, 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 16, 2026/S.A.



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

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