The Uttarakhand High Court has acquitted two men convicted under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, holding that mere criminal history and inclusion in a police gang chart are not enough to sustain conviction.
Justice Ashish Naithani allowed the criminal appeal filed by Hemu Pant @ Hemu Kalu and Manish @ Kanchu Matiyani, setting aside the 2013 trial court judgment that had sentenced them to three years’ rigorous imprisonment.
Background of the Case
The appellants were convicted by the Special Judge (Gangster Act)/Sessions Judge, Nainital in Special Sessions Trial No. 5A of 2007. They had been found guilty under Sections 2/3 of the Gangsters Act and fined Rs.10,000 each.
The prosecution case was based on Crime No. 329 of 2007 at Haldwani police station. According to the State, the two accused were members of a gang involved in anti-social activities, mainly relying on a gang chart and references to earlier criminal cases.
The High Court said the law requires the State to prove essential ingredients before invoking the Gangsters Act. These include the existence of an organized gang, continuity of unlawful activity, and participation of the accused in furtherance of the gang’s common object.
The Court observed,
“Mere involvement in isolated criminal cases is not sufficient.”
It further noted that the prosecution failed to bring substantive evidence showing that the appellants acted together as members of any organized gang.
Justice Naithani also found that witnesses produced were mostly police officials whose statements were formal in nature and limited to proving the gang chart and earlier FIRs.
The Court noted that no independent witness was examined to support the prosecution version. While police testimony cannot be rejected solely because officers gave it, such evidence requires closer scrutiny in cases under special penal laws.
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It also recorded that several co-accused persons alleged to be part of the same gang had already been acquitted, and no separate distinguishing evidence was shown against the present appellants.
Holding that the prosecution failed to prove guilt beyond reasonable doubt, the High Court set aside the conviction and sentence dated 19 August 2013.
The Court ordered that since both appellants were already on bail during the appeal, their bail bonds stood discharged and sureties were released. However, it clarified that if either appellant was required in any other case, they would not be released solely because of this judgment.
Case Details
Case Title: Hemu Pant @ Hemu Kalu and Another vs State of Uttarakhand
Case Number: Criminal Appeal No. 337 of 2013
Judge: Justice Ashish Naithani
Decision Date: 21 April 2026
