Allowed

Vishal Awasthi v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC19 Jan 2026BAIL/261/2026

Case brief

AI extract

What is this about?

Bail application under the U.P. Gangster Act where the applicant was in custody since 21.11.2025; the sole case in his gang chart showed him on bail and co-accused had been enlarged earlier. Court allowed bail on ground of parity, subject to conditions including an undertaking under Section 19(4).

What did the court decide?

Applicant released on bail on personal bond and two sureties, subject to conditions including non-tampering with evidence and Section 19(4) undertaking.

Vishal Awasthi vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2026)

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

¶2

CRIMINAL MISC. BAIL APPLICATION No. - 261 of 2026

Vishal Awasthi

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko.	.....Opposite Party(s)
Counsel for Applicant(s) :	Avnish Kumar Tiwari
Counsel for Opposite Party(s) :	G.A.

¶7

Court No. - 15

¶8

HON'BLE KARUNESH SINGH PAWAR, J.

¶9

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

¶10

Learned counsel for accused-applicant, while pressing the bail application, submits that in the gang chart, only one case has been shown against the applicant. In that case, applicant has already been enlarged on bail. The bail order is on record as Annexure No. 3 to the bail application. Apart from the sole case mentioned in the gang chart, applicant has a criminal history of two more cases in which also the applicant is on bail. The bail orders are on record as Annexure No. 4 to the bail application.

¶11

It is submitted that Atal Bajpai alongwith Suraj, and Satyam Dixit @ Satyam have already been enlarged on bail by this Court vide orders dated 25.09.2025 passed in Criminal Misc. Bail Application Nos. 9303 of 2025 and 12266 of 2025, respectively.

¶12

It has been further submitted that applicant is in jail since 21.11.2025 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.

¶13

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.

¶14

On due consideration of the facts that the applicant is languishing in jail since 21.11.2025, in the sole case mentioned in the gang chart, he is on bail and has explained the criminal history, so also the bail orders of the coaccused, named above, I find it to be a fit case for enlarging the applicant on

¶15

BAIL No. 261 of 2026

¶16

¶17

bail on the ground of parity.

¶18

Accordingly, the bail application is allowed on the ground of parity.

¶19

Let the applicant- Vishal Awasthi, involved in Case Crime/FIR No. 376 of 2025 under Section 2(b)(i)/ 3 of U.P. Gangster Act, 1986, Police StationNeemgaon, District-Lakhimpur Kheri, 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:-

¶20

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

¶21

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

¶22

(iii) the applicant shall appear on each and every date fixed by the trial Court.

¶23

(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.

¶24

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.

¶25

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.

¶26

January 19, 2026 Vinay/-

¶27

(Karunesh Singh Pawar,J.)

¶28

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

Vishal Awasthi v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Vishal Awasthi v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sachin Kumar (Services No 255371009) vs Union of India Thru. Secy. Ministry Home Affairs Govt. New Delhi and 3 Others

Nikhil Panwar vs State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. and 4 Others

Smt. Akanksha Shukla vs State of U.P. Thru. Prin. Secy. Bal Vikas Evam Pustahar Lko. and 5 Others

Sanjay Shukla @ Sanjay Kumar and Another vs State of U.P. Thru. Secy. Deptt. Home Affairs Lko.

Rajendra Kumar Verma @ Rajendra Verma @ Raju vs State of U.P. Thru. Prin. Secy. Deptt. of Home Affairs Lko.

Krishan Gopal Swarnkar vs State of U.P. Thru. Prin. Secy. Addl. Chief Home Civil Sectt. Lko. and Another