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2026 DAILYLAW 933 (ALL)

PRADYUMAN SINGH AND ANOTHER v. STATE OF U.P.

BAIL/12163/2026 · 2026-04-19

Vivek Varma

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12163 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicants as well as Sri N.K. Sharma, learned A.G.A. for the State of U.P. and perused the record. 2. The present bail application has been filed with the prayer to enlarge the applicants on bail in Case Crime No.70 of 2026, under Section 2(b)(i), 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Noorpur, District Bijnor during the pendency of the trial. 3. Learned counsel for the applicants submits that according to the gang chart, six cases are shown against the applicants and in the said cases the applicants have been enlarged on bail. 4. 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 applicants 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. In the instant case, the F.I.R. is based upon the pending criminal cases and not upon any new allegations or discovery of facts having serious reflection on the society, for which purpose the Gangsters Act was enacted. 5. It is also submitted that considering the facts of the case, as stated above, there are reasonable grounds for believing that the applicants are not guilty of the offence under the Gangsters Act and that he would not commit the Versus Counsel for Applicant(s) : Anand Pandey, Shravan Kumar Singh Counsel for Opposite Party(s) : G.A. Pradyuman Singh And Another .....Applicant(s) State of U.P. .....Opposite Party(s) offence while on bail nor would try to tamper the evidence or influence the witnesses in any manner whatsoever it may be. The applicants are in jail since 6.3.2026. 6. Learned A.G.A. for the State opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Considering the rival submissions of learned counsel for parties, material available on record as well as taking note of Section 19(4)(b) of the Gangsters Act, in light of the submission of counsel for the applicants to the effect that while on bail in this case, the applicants would not commit any crime/offence nor would try to tamper the evidence or influence the witnesses in any manner, whatsoever it may be, and without expressing any opinion on the merits of the case, I am of the view that the applicants are entitled to be released on bail. Accordingly, the bail application is allowed. 8. Let the applicants- Pradyuman Singh and Ankit Singh, involved in the aforesaid case, be released on bail on their furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of court concerned on the following conditions that: (i) the applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants shall appear on each and every date fixed by the trial court; and (iv) the applicants shall appear on first Sunday of every month at the Police Station concerned. 9. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. April 20, 2026 S.S. BAIL No. 12163 of 2026 2 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad