Amil vs State Of U.P.
- Neutral2026:AHC:104916
Ratio decidendi
The rule this decision rests on
Where a person accused under the Gangsters Act is in custody, has a single base case shown in the gang chart with bail already granted in that case, has no other criminal history, and considering the entire facts and circumstances of the case, a prima facie case for bail is made out warranting release on personal bond and sureties. Bail granted under such circumstances may be made conditional, and breach of conditions authorizes the trial court to cancel the bail. A computer-generated copy of a bail order downloaded from the official High Court website and verified by counsel, with an undertaking to file the certified copy within fifteen days, is sufficient authority for release of the applicant from jail. The trial court must transmit the release order to the concerned jail through the Bail Order Management System to ensure prompt release of the applicant.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 83 of 2026, under Sections 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter called as ?Gangsters Act?), Police Station- Ganjdundwara, District- Kasganj, during the pendency of the trial.
3. Learned counsel for the applicant states that the applicant has been implicated in the present case under the Gangsters Act on the basis of a solitary base case shown in the gang-chart. He is on bail in the said case. The applicant is languishing in jail since 14.04.2026. In case, he is granted bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.
4. Learned A.G.A. has opposed the prayer for bail, however, could not dispute the fact that in the solitary base case shown in the gang chart, the applicant is on bail.
5. I have considered the entire facts and circumstances of the case as well as submissions of learned counsel for the parties.
6. The applicant is in jail since 14.04.2026. A single base case has been shown in the gang chart and the applicant is on bail in the said case. The applicant is not stated to have any other criminal history.
7. Taking into consideration the entire facts and circumstances of the case and without expressing any opinion on the merits of the case, a prima facie case for bail is made out.
8. Let the applicant - Amil, involved in the aforementioned crime 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, subject to the following conditions:
i. The applicant will not tamper with the evidence.
ii. The applicant will not indulge in any criminal activity.
iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
iv. The applicant will appear regularly on each and every date fixed by the trial Court, unless his personal appearance is exempted by the Court concerned.
9. In the event of breach of any of the aforesaid conditions, the Court below will be at liberty to proceed to cancel his/her bail.
10. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.
11. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.
(Rajiv Lochan Shukla,J.)
May 6, 2026
Kushal
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