Dharmchandra and Another vs State of U.P. Thru. Secy. Home Lko. — Allahabad HC (2026) — LawSathi Research

Dharmchandra and Another vs State of U.P. Thru. Secy. Home Lko. — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Applicants Dharmchandra and Kishan Vishwakarma to be released on bail in Case Crime/FIR No. 190/2025 (Sections 2/3, U.P. Gangsters Act, P.S. Fatanpur, District Pratapgarh) on furnishing a personal bond and two sureties each in the like amount, subject to conditions (i)-(iv) including a Section 19(4) affidavit undertaking, with liberty to the trial court to impose further conditions.

Issue for consideration

Whether the accused-applicants (Dharmchandra and Kishan Vishwakarma) should be enlarged on bail in Case Crime/FIR No. 190/2025 under Sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986.

Court's answer

On due consideration that the applicants have already been enlarged on bail in the sole case mentioned in the gang chart, that their other criminal cases have been explained in the bail application, and that they have been languishing in jail since 07.12.2025, the Court found it to be a fit case for enlarging the applicants on bail.

Ratio / Principle

The bail application was allowed: the applicants Dharmchandra and Kishan Vishwakarma were directed to be released on bail in Case Crime/FIR No. 190/2025 on furnishing a personal bond and two sureties each in the like amount, subject to conditions that they shall not tamper with prosecution evidence, shall not pressurize or intimidate prosecution witnesses, shall appear on every date fixed by the trial Court, and shall submit an affidavit undertaking under Section 19(4) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 not to indulge in criminal activity or misuse the liberty of bail; the trial court may impose any further conditions it deems fit.

Key takeaways

The observations made in the order are confined to the disposal of the present bail application and have no bearing on the merits of the trial.obiter¶24

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 15 — Karunesh Singh Pawar, J. (single judge); Criminal Misc. Bail Application No. 861 of 2026, decided February 19, 2026. Bail granted to applicants Dharmchandra and Kishan Vishwakarma, accused in Case Crime/FIR No. 190/2025 under Sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Fatanpur, District Pratapgarh. Grounds relied on: (a) the applicants had already been enlarged on bail in the sole case mentioned in the gang chart, with bail orders on record as Annexure Nos. 4 and 5; (b) the remaining criminal antecedents (two cases against applicant no. 1, one against applicant no. 2) were duly explained in paragraphs 14 and 15 of the bail application; and (c) continuous custody since 07.12.2025. The learned A.G.A. opposed the prayer but did not dispute the factual submissions. Release ordered on a personal bond and two sureties each in the like amount, subject to conditions: no tampering with prosecution evidence; no pressurizing or intimidating prosecution witnesses; appearance on every date fixed by the trial Court; and an affidavit undertaking in terms of Section 19(4) of the Gangsters Act not to indulge in criminal activity or misuse the liberty of bail; the trial court was free to impose further conditions. The Court clarified that its observations were confined to disposal of the bail application and bore no relation to the merits of the trial. No precedent was cited; no monetary figure was specified (bond 'in the like amount').

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 861 of 2026

Dharmchandra And Another

.....Applicant(s)

Versus

State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) Counsel for Applicant(s) : Abhishek Upadhyay Counsel for Opposite Party(s) : G.A.

Court No. - 15

HON'BLE KARUNESH SINGH PAWAR, J.

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

Learned counsel for the accused-applicants, while pressing the bail application, submits that the accused-applicants have been falsely implicated in the present case as well as in the sole case mentioned in the gang chart. In the said case, they have already been enlarged on bail and copies of the bail orders have been brought on record as Annexure Nos. 4 and 5 to the bail application. Apart from the case mentioned in the gang chart, there are two more cases pending against applicant no. 1 and one more case pending against applicant no. 2. These three cases have been duly explained in paragraphs 14 and 15 of the bail application.

It has further been submitted that the applicants are in jail since 07.12.2025 and in case they are enlarged on bail, there is no likelihood of their fleeing from the judicial process. They undertake to abide by the orders passed by the Court below and to cooperate in the expeditious trial of the case.

Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by learned counsel for the accused-applicants.

On due consideration of the fact that in the sole case mentioned in the gang chart the applicants have already been enlarged on bail, that the other criminal cases have been explained in the bail application, and further

BAIL No. 861 of 2026

2

considering that the applicants have been languishing in jail since 07.12.2025, this Court finds it to be a fit case for enlarging the applicants on bail.

Accordingly, the bail application is allowed .

Let the applicants, Dharmchandra and Kishan Vishwakarma, involved in Case Crime/FIR No. 190/2025, under Sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Fatanpur, District Pratapgarh, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the following conditions:

(i) The applicants shall not tamper with the prosecution evidence;

(ii) The applicants shall not pressurize or intimidate the prosecution witnesses;

(iii) The applicants shall appear on each and every date fixed by the trial Court;

(iv) The applicants shall submit an undertaking on affidavit in terms of Section 19(4) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 that they shall not indulge in any criminal activity 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 disposal of the present bail application and shall have no bearing on the merits of the trial.

(Karunesh Singh Pawar,J.)

February 19, 2026 R.C.

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