Shivshankar vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2026) — LawSathi Research

Shivshankar vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Bail application allowed; Shivshankar (Case Crime No. 214/2022, U/S-2/3(1) of The UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Chanda, District Sultanpur) 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, subject to the imposed conditions (no tampering with evidence, no pressurising witnesses, attendance on all trial dates, affidavit undertaking under Section 19(4)), with any further conditions the trial/concerned court deems fit.

Issue for consideration

Whether the accused-applicant Shivshankar, booked in Case Crime No. 214/2022 under the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986 (Police Station Chanda, District Sultanpur), should be enlarged on bail.

Court's answer

Taking into account that the applicant has already been enlarged on bail in all the cases reflected in the gang chart, the minimum punishment prescribed for the alleged offence, and that he has been languishing in jail since 11.09.2021, this Court held it a fit case for enlarging the applicant on bail.

Ratio / Principle

The applicant was directed 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, subject to conditions: not tampering with prosecution evidence, not pressurising prosecution witnesses, appearing on every date fixed by the trial Court, and submitting an affidavit undertaking under 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.

Key takeaways

The observations in this order are confined to the present bail application and have no bearing on the merits of the trial.obiter¶27

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Criminal Misc. Bail Application No. 6472 of 2025 - allowed by Hon'ble Karunesh Singh Pawar, J., on February 18, 2026. Shivshankar, accused in Case Crime No. 214/2022, U/S-2/3(1) of The UP Gangsters and Anti-Social Activities (Prevention) Act, 1986 (Police Station Chanda, District Sultanpur), in jail since 11.09.2021 and already enlarged on bail in all 28 cases reflected in the gang chart (bail orders annexed as Annexure No. 10), with charges framed per trial status report dated 11.11.2025, was held a fit case for bail and ordered released on furnishing a personal bond and two sureties each in the like amount. Conditions imposed: no tampering with prosecution evidence; no pressurising prosecution witnesses; appearance on every date fixed by the trial Court; 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; further conditions may be imposed by the trial court. Observations confined to the bail application, without bearing on trial merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6472 of 2025

Shivshankar

.....Applicant(s)

Versus

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

.....Opposite Party(s)

Counsel for Applicant(s) : Shailender Singh, Ankit Tiwari, Malti Mishra, Neelam Singh, Varun Kumar Mishra 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 the accused-applicant has been falsely implicated in the present case as well as in the 28 cases reflected in the gang chart. It is further submitted that in all the said cases, the applicant has already been enlarged on bail, copies of the respective bail orders having been collectively annexed as Annexure No. 10 to the bail application. Learned counsel further submits that apart from the cases mentioned in the gang chart, no other criminal case is pending against the accused-applicant.

It is also contended that most of the cases reflected in the gang chart pertain to theft and have been arbitrarily slapped against the applicant without even naming him.

It has been further submitted that applicant is in jail since 11.09.2021 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.

Per contra, learned A.G.A. has opposed the prayer for bail; however, he has not disputed the factual submissions advanced by learned counsel for the accused-applicant.

BAIL No. 6472 of 2025

2

Perused the record.

A perusal of the status report of the trial dated 11.11.2025 reveals that charges have already been framed, though the applicant continues to remain incarcerated since 11.09.2021.

Having considered the submissions advanced by the parties, and upon due consideration of the fact that the applicant has already been enlarged on bail in all the cases reflected in the gang chart, the minimum punishment prescribed for the alleged offence, and further taking into account that the applicant has been languishing in jail since 11.09.2021, this Court is of the considered view that it is a fit case for enlarging the applicant on bail.

Accordingly, the bail application is allowed .

Let the applicant, Shivshankar, involved in Case Crime No.- 214/2022, U/S-2/3(1) of The UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Chanda, District-Sultanpur, 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 which are being imposed in the interest of justice:-

(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.

(Karunesh Singh Pawar,J.)

February 18, 2026/R.C.

Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench