High Court Was Misled on Criminal History: Supreme Court Sets Aside Gangsters Act Bail, Orders Surrender

On 30.10.2025 the High Court granted bail to respondent No. 2, accused in Case Crime No. 90/2025 at P.S. Civil Lines, Aligarh, under Sections 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (para 1). The de facto complainant challenged it, saying the High Court overlooked nine pending criminal cases; the High Court had recorded that the AGA could point to no case other than the one in the gang-chart (para 3). The State's counter affidavit listed nine cases, including cases under Sections 302 and 307 IPC (para 4). The accused said he is on bail in all of them and has committed no offence since (para 5).

The Court held that the High Court's order could not be sustained (para 6). The High Court had not been apprised of the accused's criminal history, and he had misled it during arguments by claiming there was no case against him except Case Crime No. 90/2025 (paras 7-8). Refraining from further observations so as not to prejudice him, the Court held that the interest of justice required the bail order to be set aside and the matter remitted for fresh consideration after looking into all the relevant material (paras 9-10). Though he had been on bail since 30.10.2025, the order had been passed without adverting to any of his criminal history, so he must surrender by 30.10.2026 (para 12).