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

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

What the court decided

AI extract

Outcome

Bail granted to the applicant Kapil: release on furnishing a personal bond and two sureties each in the like amount, subject to conditions that he shall not tamper with evidence during trial, shall not pressurise/intimidate the prosecution witnesses, and shall appear before the trial court on dates fixed; identity, status and residence proof of the applicant and sureties to be verified by the court concerned before the bonds are accepted.

Issue for consideration

Whether the applicant Kapil should be granted bail in Case Crime No. 196 of 2025 under Section 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, during the pendency of trial.

Court's answer

The Court allowed the bail application without expressing any opinion on the merits.

Ratio / Principle

The applicant Kapil was directed 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 laid down in the order.

Key takeaways

Breach of any of the bail conditions shall be a ground for cancellation of bail.ratio¶20

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J.) allowed Criminal Misc. Bail Application No. 32443 of 2025 seeking bail under Section 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 (Case Crime No. 196 of 2025, P.S. Singhawali Ahir, District Baghpat) during the pendency of trial. The Gangsters Act prosecution rested on a single case shown in the gang chart, in which the applicant had already been enlarged on bail by the court concerned; the criminal history of two cases assigned to him stood explained, and he had been in custody since 27.06.2025. Without expressing any opinion on the merits, the Court released the applicant on a personal bond with two sureties each in the like amount, subject to conditions of not tampering with evidence, not pressurising/intimidating prosecution witnesses and appearing before the trial court, breach being a ground for cancellation of bail; identity, status and residence proof of the applicant and sureties to be verified before acceptance of bonds.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 32443 of 2025

Kapil

.....Applicant(s)

	Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Amit Daga, Manglam Pandey
Counsel for Opposite Party(s)	: G.A.

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Harish Kumar, Advocate holding brief of Sri Amit Daga, learned counsel for the applicant, Sri Amit Kumar, learned State Law Officer 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.196 of 2025, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station- Singhawali Ahir, DistrictBaghpat, 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 detail of criminal cases has been mentioned in 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. The criminal history of two cases assigned to the applicant stands explained. The applicant is languishing in jail since 27.06.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail.

On the other hand, learned State Law Officer opposed the prayer for bail.

Without expressing any opinion on the merits, the bail application is

BAIL No. 32443 of 2025

2

allowed . Let the applicant- Kapil, 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 evidence during trial.

(ii) The applicant shall not pressurise/intimidate with 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 22, 2025

(Ravi Kant)

Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad