HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34850 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Sri Sudhir Kumar Tripathi, learned counsel for applicant hands up supplementary affidavit explaining the criminal history, the same is taken on record. 1A. Heard Sri Tripathi, learned counsel for accused applicant and learned A.G.A. for State. 2. The present bail application has been moved by the applicant accused- Mahabeer to enlarge him on bail in Case Crime No. 406 of 2026, under Section 2(b)(i), 2(b)(xi) and 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S.-GIDA, District- Gorakhpur, during the pendency of trial. 3. It is the contention of learned counsel for applicant that the accused applicant has been falsely implicated by the police under the provision of Gangsters Act on the basis of two base cases, in which applicant is on bail. Apart from it, accused applicant has criminal history of two cases, out of which in one case, he is on bail and in another case, charge sheet is not submitted as the case is punishable below seven years. The investigation is continuing and the applicant is co-operating in the investigation. The accused applicant is languishing in jail since 20.08.2026. He seeks enlargement of accused on bail. 4. Learned A.G.A. for State opposed the bail application. Versus Counsel for Applicant(s) : Sudhir Kumar Tripathi Counsel for Opposite Party(s) : G.A. Mahabeer .....Applicant(s) State of U.P. .....Opposite Party(s) 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6. Hon'ble The Supreme Court in the case of Shiv Pratap Singh Alias Chinu Vs. State of U.P. & Ors reported in 2026 SCC Online SC 1677 has considered the proceedings initiated under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 and the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021 and found that the Act is still born and the proceedings initiated under it can not survive. Hence, if the proceedings under the Act can not survive in view of the dictum of Hon'ble The Supreme Court dealt herein above, the incarceration of accused/applicant under the provision of the Act has no legal basis. 7. Considered that the criminal history is explained and in the light of aforesaid judgment of Hon'ble the Supreme Court, the accused/applicant is entitled to be released on bail. 8.Hence, without touching merit of the case, the bail application is allowed. 9. The accused/applicant 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 court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 10. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. September 30, 2026 Sharad/- BAIL No. 34850 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad