HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31111 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Supplementary affidavit has been filed explaining criminal history, the same is taken on record. 1A. Sri Rajesh Kumar, learned counsel for accused applicant and learned A.G.A. for State. 2. This is second bail application. The first bail application has been dismissed for non prosecution. 2A. The present bail application has been moved by the applicant accused- Shakeel Alias Hazi Bona to enlarge him on bail in Case Crime No. 0001 of 2025, under Sections 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, P.S.- Rasulpur, District- Firozabad 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 six cases, out of which, in three cases, he has been acquitted and in three other cases, he is on bail. 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 Versus Counsel for Applicant(s) : Rajesh Kumar Counsel for Opposite Party(s) : G.A. Shakeel Alias Hazi Bona .....Applicant(s) State of U.P. .....Opposite Party(s) 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. The charge sheet has been submitted. The accused applicant is languishing in jail since 12.11.2024. He seeks enlargement of accused on bail. 4. Learned A.G.A. for State opposed the bail application. 5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 6. Considering that in all the cases, the applicant is on bail and investigation is continuing. 7.Hence, without touching merit of the case, the bail application is allowed. 8. 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]. 9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. September 14, 2026 Krishna* BAIL No. 31111 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad