Allahabad High Court
BAIL/35043/2026 of NAUSHAD Vs STATE OF U.P. on 30 September 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35043 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Harishchandra Yadav, learned counsel for accused applicant and learned A.G.A. for State. 1A. Learned counsel for the applicant hands up the supplementary affidavit
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35043 of 2026
Court No. - 69
HON'BLE AVNISH SAXENA, J.
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1. Heard Sri Harishchandra Yadav, learned counsel for accused applicant and learned A.G.A. for State. 1A. Learned counsel for the applicant hands up the supplementary affidavit explaining the criminal history, the same is taken on record.
2. The present bail application has been moved by the applicant accused- Naushad to enlarge him on bail in Case Crime No. 0047 of 2026, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S.- Cyber Crime, District- Meerut, during the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused applicant has been falsely implicated by the police under the provision of Gangsters Act on the basis of one base case, in which applicant is on bail. Apart from it, accused applicant has criminal history of one case, wherein he is on bail. The investigation is continuing and the accused/applicant is cooperating with the investigation. The accused applicant is languishing in jail since 22.05.2026. He seeks enlargement of accused on bail.
4. Learned A.G.A. for State opposed the bail application.
5. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record.
6. Hon'ble The Supreme Court in the case of Shiv Pratap Singh Alias Versus Counsel for Applicant(s) : Aushim Luthra, Harishchandra Yadav, Utkarshni Singh Counsel for Opposite Party(s) : G.A. Naushad .....Applicant(s) State of U.P. .....Opposite Party(s)
Chinu Vs. State of U.P. & Ors reported in 2026 SCC Online SC 1677 has considered the proceedings initiated under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 and the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021 and found that the Act is still born and the proceedings initiated under it can not survive. Hence, if the proceedings under the Act can not survive in view of the dictum of Hon'ble The Supreme Court dealt herein above, the incarceration of accused/applicant under the provision of the Act has no legal basis.
7. Considered that the criminal history is explained and in the light of aforesaid judgment of Hon'ble the Supreme Court, the accused/applicant is entitled to be released on bail.
8. Hence, without touching merit of the case, the bail application is allowed.
9. The accused/applicant 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 court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685].
10. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. October 1, 2026 Abhishek Sri. BAIL No. 35043 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad