Nazim Khan Vs State of U.P. — Allahabad HC (2026) — LawSathi Research

Nazim Khan Vs State of U.P. — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Nazim Khan released on bail in Case Crime No. 278 of 2026 on furnishing a personal bond and two sureties each in the like amount, subject to conditions (no tampering with evidence or intimidation of witnesses, sincere cooperation in trial without adjournments, no criminal activity after release); breach of conditions to be a ground for cancellation; trial court directed to conclude the trial expeditiously in light of Section 12 of the Act.

Issue for consideration

Whether the applicant, arraigned in Case Crime No. 278 of 2026 under Sections 2(b)(i)/3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Khalilabad, District Sant Kabir Nagar, deserves to be released on bail during the pendency of trial.

Court's answer

Having considered the submissions of the parties, and without expressing any opinion on the merits, the bail application is allowed.

Ratio / Principle

The applicant Nazim Khan is 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.

Key takeaways

Release is made subject to conditions: the applicant shall not tamper with prosecution evidence by intimidating or pressurizing witnesses during investigation or trial, shall cooperate in the trial sincerely without seeking adjournments, and shall not indulge in any criminal activity or commission of any crime after release.ratio¶19
Breach of any of the bail conditions shall be a ground for cancellation of bail; identity, status and residence proof of the applicant and sureties is to be verified by the court concerned before the bonds are accepted.ratio¶21
The trial court is directed to make an endeavour to conclude the trial of the applicant expeditiously without granting unnecessary adjournments to either party, in light of Section 12 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.

Detailed headnote1 paragraphs

Bail under the U.P. Gangsters Act granted. The applicant, in custody since 14.04.2026 in Case Crime No. 278 of 2026 under Sections 2(b)(i)/3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Khalilabad, District Sant Kabir Nagar, sought bail on the ground that the gang chart rested on a solitary case in which he was already on bail (order dated 09.04.2026), that parties had compromised in the other case (no charge sheet or final report), that he was falsely implicated, not a previous convict, and that trial would not conclude soon. The State opposed, contending he was a gang member who would misuse bail and intimidate witnesses. Allowing the application without expressing any opinion on the merits, the Court ordered release on a personal bond with two sureties each in the like amount, subject to conditions against tampering with evidence or intimidating witnesses, requiring sincere cooperation in trial without adjournments and abstention from crime, with breach constituting ground for cancellation; identity, status and residence proof of the applicant and sureties to be verified before bonds are accepted; and the trial court was directed to conclude the trial expeditiously in light of Section 12 of the Act.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 15565 of 2026

Nazim Khan

.....Applicant(s)

Versus

State of U.P.

.....Opposite Party(s) Counsel for Applicant(s) : Ravindra Prakash Srivastava Counsel for Opposite Party(s) : G.A.

Court No. - 70

HON'BLE JAI PRAKASH TIWARI, J.

1-Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State.

2-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 278 of 2026, under Section 2(b) (i) 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Khalilabad, District Sant Kabir Nagar during the pendency of trial.

3- It is argued by learned counsel for the applicant that on the basis of solitary case as mentioned in the gang chart, the applicant is said to have been involved in Case Crime No. 0166 of 2025, in which he has already been enlarged on bail, copy of bail order dated 09.04.2026 has been brought on record as Annexure No.1 to the bail application. It is further argued that in another Case Crime No. 861 of 2024, both the parties have entered into compromise, but in this case neither charge sheet nor final report has been submitted. It is argued that the applicant has been falsely implicated in the present case due to ulterior motive. The applicant is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 14.04.2026 and in case he is released on bail, he will not misuse the liberty of bail.

4-Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that the applicant is member of gang.

BAIL No. 15565 of 2026

2

In case the applicant is released on bail, he will again indulge in similar antisocial activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.

5-Having considered the submissions of the parties, without expressing any opinion on the merits, the bail application is allowed.

6-Let the applicant- Nazim Khan involved in the aforesaid 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 the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

8-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.

7-The trial Court shall make an endeavour to conclude the trial of the applicant expeditiously without granting any unnecessary adjournments to either of the parties in light of the provisions of Section 12 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.

(Jai Prakash Tiwari,J.)

May 7, 2026

T.S.

Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad