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2026 DAILYLAW 1055 (ALL)

SHUBHAM v. STATE OF U.P.

BAIL/9122/2026 · 2026-04-19

Sameer Jain

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9122 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Heard Sri Sachin Malik, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.413 of 2025, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Baraut, District Baghpat, during pendency of the trial. 3. Learned counsel for the applicant submits, on the basis of three cases shown in the gang chart applicant has been made accused in the present matter. He further submits, applicant is neither member nor leader of any gang and he never indulged in any anti-social activity. He next submits, in the base cases shown in the gang chart he is on bail. 4. He further submits, however apart from the present case and base cases shown in the gang chart, applicant is having criminal history of three cases but in these cases also applicant is on bail. 5. He next submits, in the present matter applicant is in jail since 05.09.2025 i.e. for last more than seven months. 6. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, on the basis of the three cases shown in the gang chart applicant has been made accused in the present matter but in all the three base cases he Versus Counsel for Applicant(s) : Sachin Malik Counsel for Opposite Party(s) : G.A. Shubham .....Applicant(s) State of U.P. .....Opposite Party(s) is on bail. Further, it also reflects, apart from the present case and the base cases shown in the gang chart, applicant is having criminal history of three other cases but in these cases also, applicant is on bail. Further, in the present matter applicant is in jail since 05.09.2025. 9. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant - Shubham be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 12. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. April 20, 2026 Mini BAIL No. 9122 of 2026 2 (Sameer Jain,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad