Bail application under the U.P. Gangster and Anti-Social Activities (Prevention) Act. Bail granted on grounds of parity with an already-released co-accused, jail overcrowding, and reliance on Satendra Kumar Antil v. CBI, without expressing opinion on merits.
Applicant Ishwar Prakash released on bail on personal bond and two sureties, subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2025:AHC:49077
Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9405 of 2025
Applicant :- Ishwar Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Ramendra Ojha Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
The submission is that co-accused, Shani Sonkar alias Shani, has already been enlarged on bail vide Criminal Misc. Bail Application No. 47101 of 2024 on 19.3.2025 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail for the reasons given in bail application of coaccused on the ground of parity. The applicant is in jail since 6.9.2024.
On the other hand learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India, considering the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Ishwar Prakash, involved in Case Crime No. 554 of 2024, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 Police Station- Shivpur District- Varanasi, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 5.4.2025 Atul kr. sri.
Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, charged under the U.P. Gangsters Act, is entitled to bail on parity with a co-accused already enlarged on bail?
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. C.B.I.Relied on
Satendra Kumar Antil vs. C.B.I., S.L.P (Crl.) No. 5191 of 2021
3 provisions across 3 enactments
Ishwar Prakash
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
