Sunil Kumar Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Sunil Kumar Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to the applicant Sunil Kumar in Case Crime No. 469 of 2025 under Section 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, on furnishing a personal bond and two sureties each in the like amount, subject to conditions.

Issue for consideration

Whether the applicant Sunil Kumar is entitled to bail in Case Crime No. 469 of 2025 under Section 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Quarsi, District Aligarh, during the pendency of trial.

Court's answer

The bail application is allowed without expressing any opinion on the merits of the case.

Ratio / Principle

The applicant Sunil Kumar is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the conditions that he shall not tamper with evidence during trial, shall not pressurize/intimidate the prosecution witnesses, and shall appear before the trial court on the date fixed.

Key takeaways

Breach of any of the bail conditions shall be a ground for cancellation of bail; identity, status and residence proof of the applicant and sureties is to be verified by the court concerned before the bonds are accepted.ratio¶20

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J.) allowed a bail application under Section 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 in Case Crime No. 469 of 2025, Police Station Quarsi, District Aligarh, without expressing any opinion on the merits. The applicant, Sunil Kumar, in jail since 3.6.2025, contended that the Gangsters Act prosecution rested on a single criminal case shown in the gang chart in which he had already been enlarged on bail, that he was falsely implicated due to police rivalry, that he was not a member of any gang, and that his criminal history of five cases stood explained; the learned AGA opposed the prayer. Bail granted on furnishing a personal bond and two sureties each in the like amount, subject to conditions that the applicant shall not tamper with evidence, shall not pressurize/intimidate prosecution witnesses, and shall appear before the trial court on dates fixed; breach of conditions to be a ground for cancellation of bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28867 of 2025

Sunil Kumar

.....Applicant(s)

Versus

State of U.P.	.....Opposite
Counsel for Applicant(s)	: M.P.S. Chauhan
Counsel for Opposite Party(s)	: G.A.
Court No.- 67

.....Opposite Party(s)

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri MPS Chauhan, learned counsel for the applicant, Sri Ashutosh Srivastava, 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. 469 of 2025, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station- Quarsi, District- Aligarh, 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 one criminal case shown in the gang chart in which he has already been enlarged on bail by the court concerned. The details of criminal case 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 five cases against the applicant, which has been explained. The applicant is languishing in jail since 3.6.2025. 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.

Without expressing any opinion on the merits, the bail application is allowed. Let the applicant- Sunil Kumar , involved in aforementioned case

BAIL No. 28867 of 2025

2

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 evidence during trial.

(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

(iii) The applicant shall appear before the trial court on the date fixed.

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.

(Krishan Pahal,J.)

September 15, 2025

Vikas Verma

Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad