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2025 DAILYLAW 10027 (ALL)

STYAM MAURYA v. STATE OF U.P.

BAIL/2048/2025 · 2025-02-23

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:26281 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2048 of 2025 Applicant :- Styam Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Deenanath Mishra Counsel for Opposite Party :- Atul Srivastava,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Deenanath Mishra, learned counsel for the applicant, Sri Atul Srivastava, learned counsel appearing on behalf of informant of base case and Sri Imran Khan, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 33 of 2024, under Sections 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Railbazar, District- Kanpur Nagar, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that on the basis of solitary base case shown in the gang chart, applicant has been made accused in the present matter. He further submitted that in the base case shown in the gang chart, applicant has been falsely made accused and after considering facts of the case in detail, co- ordinate Bench of this Court enlarged him on bail in that case and his bail order has been annexed at page no. 31 of the paper book. He further submitted that merely on the basis of solitary base case, it cannot be said that applicant is a gangster. 5. He further submitted that apart from the present case and solitary base case, applicant is not having any other criminal history and he is in jail in the present matter since 13.04.2024 i.e. for last more than 10 months. 6. Per contra, learned AGA as well as learned counsel appearing on behalf of informant of predicate offence however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. It reflects, on the basis of solitary base case shown in the gang chart, applicant has been made accused in the present matter and except the present case and solitary case shown in the gang chart, applicant is not having any criminal history and considering this fact, the argument advanced by learned counsel for the applicant that applicant is not a gangster and merely on the basis of solitary case shown in the gang chart, he has been declared gangster, cannot be completely ruled out at this stage. Further, in the base case, applicant is on bail. 9. Further, however, applicant is in jail since 31.12.2021 but even in the present matter, he is in jail since April, 2024 i.e. for last more than 10 months. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant- Styam Maurya be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 13. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 14. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 24.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad