Vire Nishad vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Vire Nishad vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to applicant Vire Nishad in Case Crime No. 206 of 2022 (S.3(1), U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, PS Chhavani, District-Basti) during pendency of trial, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions that the applicant shall not tamper with prosecution evidence by intimidating/pressurizing witnesses, shall cooperate in the trial sincerely without seeking adjournments, and shall not indulge in criminal activity after release; breach of any condition is a ground for cancellation of bail; identity, status and residence proof of applicant and sureties to be verified before acceptance of bonds.

Issue for consideration

Whether bail should be granted to the applicant in Case Crime No. 206 of 2022 under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, during the pendency of trial.

Court's answer

Without expressing any opinion on the merits, the bail application is allowed; the applicant shall be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Ratio / Principle

Release is subject to three conditions (no tampering with prosecution evidence or intimidating/pressurising witnesses; sincere cooperation in the trial without adjournments; no indulgence in criminal activity), breach of any condition being a ground for cancellation of bail; identity, status and residence proof of the applicant and sureties to be verified before the bonds are accepted.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 67), Criminal Misc. Bail Application No. 21660 of 2025, decided September 18, 2025 by Hon'ble Krishan Pahal, J. Bail granted to applicant Vire Nishad in Case Crime No. 206 of 2022 under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station-Chhavani, District-Basti, during pendency of trial. Counsel argued that the Gangsters Act prosecution rested on 3 cases shown in the gang chart in each of which the applicant had already been enlarged on bail; that he was falsely implicated owing to police rivalry; and disclosed a criminal history of 7 cases explained in a supplementary affidavit filed that day; applicant in custody since 05.06.2025. Bail allowed without expressing any opinion on the merits, on a personal bond and two sureties, subject to three conditions (non-tampering with evidence/witnesses, sincere cooperation in trial without adjournments, no criminal activity); breach of any condition is a ground for cancellation; identity, status and residence proof of applicant and sureties to be verified before bonds accepted.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 21660 of 2025

Vire Nishad

.....Applicant(s)

Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Rayoof Ali
Counsel for Opposite Party(s)	: G.A.

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Supplementary affidavit filed today is taken on record.

Heard Sri Rayoof Ali, learned counsel for the applicant, Sri Anil Kumar Shukla, learned A.G.A. for the State and perused the material placed on record.

By means of the present bail application, the applicant seeks bail in Case Crime No. 206 of 2022, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station-Chhavani, District-Basti, during the pendency of trial.

It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act have been launched against the applicant on the basis of 3 criminal cases shown in the gang chart in which he has already been enlarged on bail by the court concerned. The details of criminal cases have been mentioned in paragraph 7 to the affidavit accompanying the bail application. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. Learned counsel has further stated that there is a criminal history of 7 cases against the applicant, which has been explained in paragraph 2 of the supplementary affidavit filed today. The applicant is languishing in jail since 05.06.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail.

On the other hand, learned AGA opposed the prayer for bail.

BAIL No. 21660 of 2025

2

Without expressing any opinion on the merits, the bail application is allowed. Let the applicant- Vire Nishad , involved in aforementioned case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

September 18, 2025 Karan

(Krishan Pahal,J.)

Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad