Bail may be granted under the Gangsters Act if the gang chart fails to establish a prima facie case of gang involvement and the applicant has not been convicted in the cases used to justify the Act's imposition.

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.61 of 2026, under Section 2(b)(xi), 2(b)(xvii), 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Gagaha, District- Gorakhpur.

3. The Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. Only single case has been shown in the gang chart against the applicant and in the said case, the applicant is on bail. The applicant has not been convicted in any offence. The applicant is in jail since 17.03.2026.

4. The Learned A.G.A. has opposed the prayer for grant of bail and has contended that the applicant has a criminal history of one other case being Case Crime No.336 of 2016, under Sections 302, 201 I.P.C., Police Station- Gagaha, District- Gorakhpur, in which the applicant has been convicted and is on bail in appeal by the order passed by this Court.

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

6. Imposition of the Gangsters Act on the applicant is on the basis of a case being Case Crime No.14 of 2025, under Section 3 /5A/8 of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act. The applicant has not been convicted in the said case. Prima facie, in the opinion of the Court, a perusal of the gang chart and the First Information Report does not indicate that the applicant is stated to be involved in a gang, where his previous criminal case was also relevant. Non-mention of the said case for the imposition of the Gangsters Act and his period of detention, prima facie, make out a case for bail.

7. Taking into account all the facts and circumstances of the case, I deem it fit to enlarge the applicant on bail.

8. The bail application is allowed

9. Let the accused-applicant- Vinod Pal, 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.

10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

11. 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.

12. 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.