Vivek Pratap Singh vs State of U.P. Thru. Secy. Deptt. Home Lko. — Allahabad HC (2026) — LawSathi Research

Vivek Pratap Singh vs State of U.P. Thru. Secy. Deptt. Home Lko. — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Enlargement of applicant Vivek Pratap Singh on bail in Case Crime/FIR No. 837 of 2025 (Section 3(1), U.P. Gangster Act, 1986) on furnishing a personal bond and two sureties each in the like amount, subject to conditions: no tampering with prosecution evidence; no pressurizing prosecution witnesses; appearance on every date fixed by the trial Court; and affidavit undertaking under Section 19(4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.

Issue for consideration

Whether the accused-applicant Vivek Pratap Singh, involved in Case Crime/FIR No. 837 of 2025 under Section 3(1) of the U.P. Gangster Act, 1986 (Police Station Purakalander, District Ayodhya/Faizabad), ought to be enlarged on bail. +1 more

Court's answer

Bail granted: the applicant is to be released on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to conditions — (i) not to tamper with prosecution evidence; (ii) not to pressurize prosecution witnesses; (iii) to appear on each and every date fixed by the trial Court; (iv) to submit an affidavit undertaking in terms of Section 19(4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case or misuse the liberty of bail; the trial court/concerned court may impose any other conditions it deems fit and proper.

Ratio / Principle

On due consideration that the applicant has been languishing in jail since 10.11.2025, is on bail in the cases mentioned in the gang chart, has explained his criminal history of ten cases, and his co-accused (Nirdesh Kumar Singh Yadav and Krishnachandra Prabhajan Yadav @ Guddu @ Krishna Chandra Prabhanjan) have been granted bail by this Court, the Court found it a fit case for enlarging the applicant on bail on the ground of parity.

Key takeaways

The observations made in the order are confined to the present bail application and shall have no bearing on the merits of the trial.obiter¶25

Detailed headnote1 paragraphs

BAIL — GRANTED ON PARITY — U.P. GANGSTER ACT, 1986. High Court of Judicature at Allahabad (Lucknow Bench, Court No. 15), Hon'ble Karunesh Singh Pawar, J., order dated January 5, 2026, allowed Criminal Misc. Bail Application No. 12884 of 2025 of Vivek Pratap Singh, involved in Case Crime/FIR No. 837 of 2025 under Section 3(1) of the U.P. Gangster Act, 1986, Police Station Purakalander, District Ayodhya/Faizabad. Grounds recorded by the Court: (i) applicant languishing in jail since 10.11.2025; (ii) gang chart showed only two cases, in both of which he was already on bail (bail orders at Annexure Nos. 3 and 4); (iii) criminal history of ten other cases explained, applicant on bail in all of them (Annexure Nos. 5 to 12); (iv) co-accused Nirdesh Kumar Singh Yadav and Krishnachandra Prabhajan Yadav @ Guddu @ Krishna Chandra Prabhanjan already enlarged on bail by the Court vide order dated 16.12.2025 in Criminal Misc. Bail Application No. 12537 of 2025, with which parity was claimed; (v) learned A.G.A. opposed the prayer but did not dispute the factual submissions. The applicant was directed to be released on a personal bond and two sureties each in the like amount, subject to conditions: non-tampering with prosecution evidence; non-pressurization of prosecution witnesses; appearance on every date fixed by the trial Court; and an affidavit undertaking in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 not to indulge in any case or misuse the liberty of bail; the trial court may impose further conditions. Observations confined to the bail application, with no bearing on the merits of the trial.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 12884 of 2025

Vivek Pratap Singh

.....Applicant(s)

Versus

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

.....Opposite Party(s) Counsel for Applicant(s) : Vaibhav Srivastava, Vishnu Pratap Singh Counsel for Opposite Party(s) : G.A.

Court No. - 15

HON'BLE KARUNESH SINGH PAWAR, J.

Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

Learned counsel for the accused-applicant, while pressing the bail application, submits that in the gang chart only two cases have been shown against the applicant. In those cases, the applicant has already been enlarged on bail, and the bail orders are on record collectively as Annexure Nos. 3 and 4 to the bail application. Apart from the cases mentioned in the gang chart, the applicant has a criminal history of ten other cases. In all the cases, the applicant is on bail, and the bail orders are on record collectively as Annexure Nos. 5 to 12 to the bail application.

The co-accused Nirdesh Kumar Singh Yadav, Krishnachandra Prabhajan Yadav @ Guddu @ Krishna Chandra Prabhanjan have already been enlarged on bail by this Court vide order dated 16.12.2025 passed in Criminal Misc. Bail Application No. 12537 of 2025. Applicant claims parity with the bail order of the co-accused persons.

It has been further submitted that applicant is in jail since 10.11.2025 and, if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co-operate in speedy trial of the case.

Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant.

BAIL No. 12884 of 2025

2

On due consideration of the facts that the applicant has been languishing in jail since 10.11.2025, in the cases mentioned in the gang chart, he is on bail and has explained the criminal history of ten cases and the fact that coaccused persons, named above, have been granted bail by this Court, I find it to be a fit case for enlarging the applicant on bail on the ground of parity.

Accordingly, the bail application is allowed ground of parity.

Let the applicant- Vivek Pratap Singh, involved in Case Crime/FIR No. 837 of 2025 under Section 3(1) of U.P. Gangster Act, 1986, Police StationPurakalander, District-Ayodhya/Faizabad, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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.

(iv) The applicant shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail.

Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed.

It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.

January 5, 2026 Vinay/-

(Karunesh Singh Pawar,J.)

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