Ashish Kumar vs State Of U.P.

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. 43 of 2026, under Section 2 (b)/(1)/ 3(1) of U.P. Gangster and Anti Social Activities Act, 1986, Police Station- Jahanaganj, District- Azamgarh.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case on the basis of two base cases shown in the gang chart, in which he has been bailed out. The applicant has not been convicted in any offence. The applicant has no other criminal history except the two cases shown against him in the gang chart. He further contends that the similarly situated co-accused namely Abhishek Chauhan has been granted bail by this Court vide its orders dated 1.5.2026 passed in Criminal Misc. Bail Application No. - 14713 of 2026. The applicant is languishing in jail since 20.02.2026. It is further submitted that in case, the applicant is granted bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.

4. The Learned A.G.A. has opposed the prayer for grant of bail, however, has been unable to dispute the submissions made by the Learned counsel for the applicant.

5. I have considered the submissions made by the Learned counsels for the parties and perused the record.

6. Taking into consideration the fact that two base cases have been shown against the applicant in which the applicant is on bail, having no other criminal history and also the fact that applicant is not a previous convict, I deem it fit to enlarge the applicant on bail.

7. The bail application is allowed.

8. Let the accused-applicant- Ashish Kumar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable 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 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

Fahad