Gangsters Act bail application where the gang chart showed a single case against the applicant, already granted bail, and he had no other criminal history. Relying on parity with bail orders passed for co-accused, the court released him on personal bond and two sureties subject to standard conditions and undertakings.
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.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
CRIMINAL MISC. BAIL APPLICATION No. - 580 of 2026
Maqbool
.....Applicant(s)
Versus
State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.
.....Opposite Party(s)
| Counsel for Applicant(s) | : Shivendra Pratap Singh |
|---|---|
| Counsel for Opposite Party(s) | : G.A. |
Court No. - 15
HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
2. Learned counsel for the applicant submits that in the gang chart, only one case has been shown against the applicant and, in the said case, the applicant has already been enlarged on bail. Copies of the bail order have been collectively annexed as Annexure No. 5 to the affidavit filed in support of the bail application. Apart from the aforesaid case, the applicant has no other criminal history. It is further submitted that the applicant is in jail since 25.10.2025. Learned counsel further submits that the coaccused persons, namely Rajjab, Zuber, Chanda and Dilshad, have been granted bail by this Court vide orders dated 20.01.2026 and 28.01.2026 passed in Bail Application Nos. 301 of 2026 and 523 of 2026, respectively. The applicant seeks parity with the bail orders of the co-accused persons.
3. It is also submitted that the applicant is ready to furnish an undertaking in terms of the requirement of Section 19(4)(b) of the U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986.
4. It is further submitted that there is no possibility of the applicant fleeing from judicial custody or tampering with the prosecution witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
6. On due consideration of the facts that in the only case mentioned in the gang chart the applicant has been enlarged on bail; that apart from the said case the applicant has no other criminal history; that the applicant is languishing in jail since 25.10.2025; and also considering the bail orders passed in favour of the co-accused persons named above, and without expressing any opinion on the merits of the case, I find it to be a fit
BAIL No. 580 of 2026
2
case for enlarging the applicant on bail.
7. Let the applicant Maqbool , involved in Case Crime No. 606 of 2025 under Sections 2(b)(i)/3 of the U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station Padua, District Lakhimpur Kheri, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned, subject to the following conditions which are imposed in the interest of justice:
(i) The applicant shall not tamper with the evidence during the trial.
(ii) The applicant shall not pressurize or intimidate the prosecution witnesses.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer, or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open to the trial court to treat it as an abuse of the liberty of bail and pass orders in accordance with law.
(v) The applicant shall also file an undertaking in terms of the requirement of Section 19(4)(b) of the U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 that he shall not indulge in any criminal activity or misuse the liberty of bail.
(vi) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence without sufficient cause, the trial court may proceed against him under Section 269 B.N.S.
(vii) In case the applicant misuses the liberty of bail during trial and, in order to secure his presence, a proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 B.N.S.
8. The bail application is allowed accordingly.
January 30, 2026 Madhu D.R/P.S
(Karunesh Singh Pawar,J.)
Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant in a gangsters case with only one bailed-out case in the gang chart should be enlarged on bail on parity with co-accused.
5 provisions across 3 enactments
Maqbool
State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
