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Anas Urf Popa v. State of U.P.

Allahabad HC5 May 2026BAIL/14416/2026

Case brief

AI extract

What is this about?

Allahabad High Court, Vivek Varma, J., May 6, 2026; BAIL No. 14416 of 2026; Anas Urf Popa (@ Popa) v. State of U.P.; Gangsters Act Sections 2/3 and 19(4)(b); Case Crime No. 01 of 2026, P.S. Wave City, District Ghaziabad; gang chart showing one case; eleven other cases with bail; vague F.I.R. allegations; bail allowed; personal bond and two heavy sureties; conditions incl. first-Sunday police-station appearance; in jail since 18.03.2026.

What did the court decide?

Bail granted to the applicant Anas @ Popa on furnishing a personal bond and two heavy sureties each of the like amount, subject to conditions of non-tampering with evidence, non-pressurising witnesses, attendance on all trial dates, and appearance on the first Sunday of every month at the concerned police station; liberty to the prosecution to seek cancellation on breach.

Anas Urf Popa Vs State of U.P. — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant is entitled to be enlarged on bail in Case Crime No. 01 of 2026 under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, during the pendency of the trial. +1 more

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Court's answer

Considering the rival submissions, the material on record and Section 19(4)(b) of the Gangsters Act, in light of the applicant's undertaking not to commit any offence, tamper with evidence or influence witnesses, and without expressing any opinion on the merits, the Court held the applicant entitled to be released on bail and allowed the bail application.

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Ratio / Principle

Release directed on furnishing a personal bond and two heavy sureties each of the like amount, subject to conditions: (i) no tampering with prosecution evidence; (ii) no pressurising prosecution witnesses; (iii) appearance on each and every date fixed by the trial court; and (v) appearance on the first Sunday of every month at the concerned police station; on breach, the prosecution may move a bail cancellation application before this Court.

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Detailed headnote1 paragraphs

Bail — U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Ss. 2/3 and 19(4)(b) — applicant shown in gang chart in a single case and alleged involvement in eleven other cases, in all of which he stood enlarged on bail — contention that the F.I.R. contained only vague allegations of disturbing public order and gaining undue advantage and rested solely on pending criminal cases — Court, noting Section 19(4)(b) and the applicant's undertaking, and without expressing any opinion on the merits, held him entitled to bail — release on personal bond and two heavy sureties with conditions including appearance on the first Sunday of every month at the police station — liberty to prosecution to move for cancellation on breach of conditions.

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14416 of 2026

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Anas Urf Popa	.....Applicant(s)
Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s) :	Rajesh Kumar Tiwari
Counsel for Opposite Party(s) :	G.A.

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Court No. - 64

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HON'BLE VIVEK VARMA, J.

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Heard learned counsel for the applicant as well as Sri V.P.Tripathi, learned A.G.A. for the State of U.P. and perused the record.

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The instant bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 01 of 2026, under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Wave City, District Ghaziabad during the pendency of the trial.

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Learned counsel for the applicant submits that according to the gang chart, one case is shown against the applicant and in the said case the applicant has been enlarged on bail. It is next contended that apart from the case mentioned in the gang chart, the applicant is involved in eleven cases. In the said cases also he has been enlarged on bail.

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He further submits that in the F.I.R., in issue, the allegations with regard to disturbing the public order, as also regarding gaining undue temporal, pecuniary, material or other advantage of like nature against the applicant are vague. In absence of allegation concerning an act or omission on the part of an accused, covered by the definition of terms "gang" and

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BAIL No. 14416 of 2026

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"gangster" as provided under Section 2 of the Gangsters Act, no F.I.R. is maintainable. In the instant case, the F.I.R. is based upon the pending criminal cases and not upon any new allegations or discovery of facts having serious reflection on the society, for which purpose the Gangsters Act was enacted.

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It is also submitted that considering the facts of the case, as stated above, there are reasonable grounds for believing that the applicant is not guilty of the offence under the Gangsters Act and that he would not commit the offence while on bail nor would try to tamper the evidence or influence the witnesses in any manner whatsoever it may be. The applicant is in jail since 18.03.2026.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Considering the rival submissions of learned counsel for parties, material available on record as well as taking note of Section 19(4)(b) of the Gangsters Act, in light of the submission of counsel for the applicant to the effect that while on bail in this case, the applicant would not commit any crime/offence nor would try to tamper the evidence or influence the witnesses in any manner, whatsoever it may be, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.

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Let the applicant- Anas @ Popa , involved in the aforesaid case, be released on bail on his furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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

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(ii) the applicant shall not pressurize the prosecution

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BAIL No. 14416 of 2026

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witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court; and,

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