Allahabad High Court
JANG BAHADUR SINGH @ JANGIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK VARMA
Holding
The Court granted anticipatory bail to the applicant, subject to a personal bond and conditions.
Summary
The High Court considered an anticipatory bail application filed by Jang Bahadur Singh under Section 482 of the Criminal Procedure Code in connection with a case under the U.P. Gangster and Antisocial Activities (Prevention) Act. The applicant argued that the FIR was vague, did not satisfy the statutory definition of a "gang" or "gangster", and that he had already been granted bail in the sole case shown in the gang chart. The State opposed the bail but could not refute the applicant’s submissions, and the investigation had been completed with a charge‑sheet filed. The Court noted the applicant’s cooperation, the absence of any custodial interrogation, and the lack of any violation of earlier bail conditions. Consequently, the Court held that the applicant was entitled to anticipatory bail, subject to a personal bond of Rs 50,000 and three specific conditions. The application was therefore disposed of with the grant of anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the applicant under Section 482 of the CrPC in a case instituted under the U.P. Gangster and Antisocial Activities (Prevention) Act
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- U.P. Gangster and Antisocial Activities (Prevention) Act — s. 2, 3(1)
Subjects
- anticipatory bail
- Section 482
- U.P. Gangster Act
- bail conditions
- criminal procedure
- charge sheet
- FIR
- gang definition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
BNSS No. - 9414 of 2026
Jang Bahadur Singh @ Jangi
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Shukla, G.A., Nishith Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 64
HON'BLE VIVEK VARMA, J.
1. Heard counsel for the applicant, counsel for the informant and Mr.
Anupam Anand, learned Brief Holder for the State. Perused the material on
record.
2. This application has been filed seeking anticipatory bail in Case Crime
No. 188 of 2025, under Section 3(1) of U.P. Gangster and Antisocial
Activities (Prevention) Act, Police Station Bhognipur, District Kanpur
Dehat, during the pendency of trial.
3. Learned counsel for the applicant submits that according to the gang chart,
only one case is shown against the applicant and in the said case the
applicant has been enlarged on bail. He further submits that in the F.I.R., in
issue, the allegations with regard to disturbing the public order, as also
regarding gaining undue temporal, pecuniary, material or other advantage of
like nature against the applicant are vague. In absence of allegation
concerning an act or omission on the part of an accused, covered by the
definition of terms "gang" and "gangster" as provided under Section 2 of the
Gangsters Act, no F.I.R. is maintainable. It is further contended that the
F.I.R. is based upon solitary criminal case and not upon any new allegations
or discovery of facts having serious reflection on the society, for which
purpose the Gangsters Act was enacted. Investigation has been completed
and charge-sheet has been filed. During investigation, the applicant was
granted anticipatory bail till submission of police report, by this Court vide
order dated 17.7.2025 passed in Criminal Misc. Anticipatory Bail
Application No.5626 of 2025. The applicant had cooperated in the
NABAIL No. 9414 of 2026
2
investigation. The applicant has been summoned by the concerned Court. No
custodial interrogation is required. Further, the applicant has not violated
any conditions or misuse the liberty of anticipatory bail. The applicant has
apprehension of his arrest in the above mentioned case. In case, the applicant
is granted anticipatory bail, he will not misuse the said liberty.
4. Learned Brief Holder for the State and counsel for the informant have
opposed the prayer for anticipatory bail but could not satisfactorily dispute
the aforesaid submissions from the record.
5. Having regard to the submissions made, considering the nature of
accusations, antecedents of the applicant, and the fact that the applicant has
been enlarged on bail in the solitary case shown against him in the gang
chart. Investigation has been completed and charge sheet has been filed.
During investigation, the applicant was granted anticipatory bail till
submission of police report. No violation of the conditions or misuse of
liberty of anticipatory bail has been pointed out by the learned A.G.A. The
applicant had cooperated in the investigation; the applicant has been
summoned by the concerned court, no custodial interrogation is required;
without commenting on merits of the case, I am of the opinion that the
applicant is entitled for anticipatory bail.
6. In the event of arrest, the applicant Jang Bahadur Singh @ Jangi,
involved in the aforesaid case crime be released on anticipatory bail during
pendency of trial, 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 applicant shall make himself available on each date fixed in the matter
by the court concerned;
(ii) 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 from disclosing such facts to the Court;
(iii) the applicant shall not leave India without the previous permission of the
Court and if he has passport the same shall be deposited by him before the
concerned court.
7. In default of any of the conditions, the court concerned is at liberty to pass
appropriate orders for enforcing and compelling the same.
NABAIL No. 9414 of 2026
3
8. The application stands disposed of.
September 11, 2026
Manish Kr
(Vivek Varma,J.)
Digitally signed by :-
MANISH KUMAR
High Court of Judicature at Allahabad
Checking your session…