HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 5640 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Sri Vikas Kumar Chaubey, learned counsel for accused applicant hands up supplementary affidavit explaining the criminal history, the same is taken on record 1A. Sri Chaubey, learned counsel for applicant and learned A.G.A. for State are present. 2. The present bail application has been moved by the applicant accused- Ravi Bind Urf Ravishankar to enlarge him on bail in Case Crime No. 01 of 2026, under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S.- Kotwali Dehat, District- Mirzapur, 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 four base cases, in which applicant is on bail. Apart from it, accused applicant has criminal history of twenty cases wherein all cases, applicant is on bail, out of which fourteen bail orders are on record and six bail orders are not traceable. The charge sheet has been submitted. The accused applicant is languishing in jail since 01.01.2026. He seeks enlargement of accused on bail. 4. Learned A.G.A. for State opposed the bail application. Versus Counsel for Applicant(s) : Kusum Mishra, Mithilesh Kumar Pandey, Subhash Chand, Vikas Kumar Chaubey Counsel for Opposite Party(s) : G.A. Ravi Bind Urf Ravishankar .....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 applicant is on bail in all base cases, 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. 5640 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad