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2026 DAILYLAW 6586 (ALL)

JANG BAHADUR SINGH @ JANGI v. STATE OF U.P. AND ANOTHER

NABAIL/9414/2026 · 2026-09-10

Vivek Varma

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9414 of 2026 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 Versus Counsel for Applicant(s) : Ajay Shukla, G.A., Nishith Tripathi Counsel for Opposite Party(s) : G.A. Jang Bahadur Singh @ Jangi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 2 8. The application stands disposed of. September 11, 2026 Manish Kr NABAIL No. 9414 of 2026 3 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad