Daalchandra Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

Daalchandra Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Daalchandra on bail in Case Crime No. 511 of 2025 (U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Gola, District Lakhimpur Kheri) on furnishing a personal bond and two reliable sureties, each of the like amount, to the satisfaction of the Magistrate/Court concerned, subject to conditions that (i) he shall not tamper with prosecution evidence, (ii) he shall not pressurize prosecution witnesses, and (iii) he shall appear on each and every date fixed by the trial court unless exempted.

Issue for consideration

Whether the applicant is entitled to be released on bail in Case Crime No. 511 of 2025 under Sections 2(B)(ii)/3 of the U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986, where the gang chart shows only one prior case (bail already granted) and the applicant claims false implication and denial of gang membership.

Court's answer

Prima facie the applicant appears to have been implicated in the present case merely because of his criminal history, and there appears to be no reasonable ground for prima facie believing that he is guilty of the offence alleged; he has been in jail since 23.08.2025.

Ratio / Principle

Nothing on record gives rise to a reasonable apprehension that the applicant may tamper with evidence, influence witnesses, abscond and not face trial, or commit any other offence if released on bail.

Key takeaways

The minimum punishment imposable upon conviction of the applicant is imprisonment for two years.obiter¶17
Without expressing any opinion on the merits of the case, the Court held that the applicant is entitled to be released on bail, and accordingly allowed the bail application.ratio¶22

Detailed headnote1 paragraphs

Bail allowed (Allahabad High Court, Lucknow Bench; Subhash Vidyarthi, J.; September 15, 2025) to applicant Daalchandra, in custody since 23.08.2025, in Case Crime No. 511 of 2025 under Sections 2(B)(ii)/3 of the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986 (P.S. Gola, District Lakhimpur Kheri). The gang chart showed involvement in only one earlier case in which bail had already been granted. Prima facie, the applicant appeared to have been implicated merely because of his criminal history; there was no reasonable ground to believe him guilty, the minimum punishment being two years' imprisonment; and no record-based apprehension of tampering, pressurising witnesses, absconding or further offending existed. Without commenting on merits, the Court released him on a personal bond with two reliable sureties of like amount, subject to conditions of non-tampering, non-pressure on witnesses, and appearance on every trial date.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 8689 of 2025

Daalchandra

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko.

.....Opposite Party(s)

Counsel for Applicant(s)	: Uday Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 13

HON'BLE SUBHASH VIDYARTHI, J.

Heard Sri Uday Kumar, the learned counsel for the applicant, Sri Virendra Kumar, learned A.G.A. for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.511 of 2025, under Sections 2(B) (ii) / 3 of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Gola, District Lakhimpur Kheri.

The gang chart mentions involvement of the applicant in one case, in which he has been granted bail.

In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. It has also been stated in the affidavit filed in support of the bail application that the applicant is neither a leader nor member of any gang.

The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

Prima facie it appears that the applicant has been implicated in the present case merely because he has a criminal history and the applicant is languishing in jail since 23.08.2025. There appears to be no reasonable ground for prima facie believing that the applicant is guilty of the offence alleged.

The minimum punishment which can be imposed in case of the applicant's conviction is imprisonment for two years.

There is nothing on record which may give rise to a reasonable apprehension that the applicant may tamper with the evidence or

BAIL No. 8689 of 2025

2

influence the witnesses or that the applicant will abscond and will not face the trial or that he is likely to commit any other offence in case he is released on bail.

In view of the aforesaid discussion, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.

Accordingly, the bail application is allowed.

Let the applicant- Daalchandra be released on bail in the aforesaid case registered under Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 on his furnishing a personal bond and two reliable sureties, each of the like amount, to the satisfaction of the Magistrate/Court concerned subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

September 15, 2025 KR

(Subhash Vidyarthi,J.)

Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench