HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 8259 of 2026 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Mithilesh Shukla, learned counsel for the applicant, Smt. Anita Singh, learned Brief Holder for the State as also Shri K.K.Rao, learned counsel for the First Informant. This second bail application on behalf of the applicant Alok Shukla has been filed seeking his enlargement on bail in Case Crime No. 339 of 2024, under Section 2, 3 (1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-Civil Lines, District-Prayagraj, during the pendency of the trial before the Court Below. The First Bail Application of the applicant being Criminal Misc. Bail Application No. 39558 of 2024 was rejected by this Court vide order dated 09.12.2024 and the applicant is languishing in jail since 07.10.2024. Shri Shukla, learned counsel for the applicant while pressing the 2nd bail plea of the applicant has reiterated the submissions advanced at the time of pressing the first bail application. It is further argued that at the time of pressing the first bail plea the investigation was going on against the applicant and the charge sheet had not been filed. However, now the charge sheet has been filed against the applicant and the Court concerned has also taken cognizance of the same on 15.09.2025. It has further been submitted that since the investigation in the present case in respect of the applicant has concluded, there is no further requirement of the applicant's detention for custodial interrogation. It is also argued that the present proceedings under the Gangster Act have been initiated on the strength of a solitary case being Case Crime No. 340 of 2023 under Section 386 and Versus Counsel for Applicant(s) : Utsav Counsel for Opposite Party(s) : G.A., K.K. Rao, Sarvjeet Singh Chauhan Alok Shukla .....Applicant(s) State Of U.P. Through Secretary Home Up At Lko .....Opposite Party(s) 506 IPC, Police Station-Civil Lines, Prayagraj in which the applicant has already been enlarged on bail. It has also been argued that the present proceedings have been lodged only to keep the applicant behind bars and to harass him. Co-accused Apoorva Sonkar has been enlarged on bail by the Apex Court vide order dated 15.12.2025 (Annexure 12) to the bail application. Co-accused Anupam Shukla @ Anupama Tripathi has also been enlarged on bail vide order dated 16.02.2026 passed in Criminal Misc. Bail Application No. 29710 of 2025. It has been argued that no offence under Section 386 and 504 IPC is made out against the applicant as no property or money is alleged to have changed hands on the basis of the threats alleged to have been extended by the applicant and co-accused. It is reiterated that the applicant is not a member of any gang or is involved in alleged crime. Arguments touching to the validity of the gang chart against the applicant have also been advanced. It is also argued that a Coordinate Bench of this Court while considering an application under Section 528 BNSS being Application No. 47712 of 2025 (Anupam Shukla and Another vs. State of U.P. and Another) in which the applicant is also a party and the said proceedings emanate from the same Case Crime No. 339 of 2024 involved in the instant case, has been pleased to stay the further proceedings of the Case Crime No. 339 of 2024 under Section 2/3 (1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Civil Lines, District-Prayagraj until further orders. The trial of the applicant cannot be proceeded with and in such circumstances the applicant is entitled to be released on bail. Per contra, learned AGA as also Shri K.K. Rao, learned counsel for the first informant have vehemently opposed the bail plea by submitting that the gang chart against the applicant has been prepared in accordance with law. The First Information Report contains allegations that the applicant and other co-accused persons resorted to public threats and coercion physical violence to achieve their ends and such acts fall with the ambit of Anti-Social Activities as defined under Section 2 (b) of the Act and as such constitutes commission of cognizable offence by the applicant. However, the counsel could not controvert the submissions made by the learned counsel for the applicant. I, have heard the learned counsel for the parties and have perused the BAIL No. 8259 of 2026 2 record. I find that the present proceedings have been initiated on the strength of a single case as Case Crime No. 340 of 2023, Police Station- Civil Lines, Prayagraj in which the applicant has already been enlarged on bail. So far as the present Case Crime Number is concerned the further proceedings of the said case has been stayed by the Court until further orders. Prima facie, the Court is of the view that offence under Section 386 and 506 IPC is not made out against the applicant. Co-accused Anupam Shukla and Apporva Sonkar have already been enlarged on bail, charge sheet has been filed, cognizance has been taken and the custodial interrogation of the applicant is no longer required. A case for bail is made out. Accordingly, the bail application is allowed. Let the applicant-Alok Shukla, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:- 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. April 10, 2026 Deepak/ BAIL No. 8259 of 2026 3 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad