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2025 DAILYLAW 102201 (ALL)

NEERAJ KUMAR YADAV v. STATE OF U.P.

BAIL/33456/2025 · 2025-09-25

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33456 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Sanjay Pathak, learned counsel for the applicant, Sri Ranjeet Shukla, Advocate holding brief of Sri Dhiraj Singh, learned counsel for the informant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. By means of the present bail application, the applicant seeks bail in Case Crime No.0175 of 2025, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station- Utraon, District- Prayagraj, during the pendency of trial. 4. It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act have been launched against the applicant on the basis of one criminal case shown in the gang chart in which he has already been enlarged on bail by the court concerned. The detail of criminal case has been mentioned in the affidavit accompanying the bail application. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. There is no criminal history of the applicant. The applicant is languishing in jail since 26.08.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. On the other hand, learned counsel for the informant in the predicate offence and learned A.G.A. opposed the prayer for bail on the ground that Versus Counsel for Applicant(s) : Sanjay Pathak Counsel for Opposite Party(s) : Anuj Kumar Shukla, Dhiraj Singh, G.A., Praveen Kumar Shukla Neeraj Kumar Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) the predicate offence was of double murder, but they could not dispute the fact that the applicant has been enlarged on bail in the said case. 6. After hearing learned counsel for the parties and taking into consideration the fact that the rigors of Section 19(4) of Gangsters Act do not apply to the instant case as there being only one case against the applicant as mentioned in the gang-chart, and without expressing any opinion on the merits, the bail application is allowed. 7. Let the applicant- Neeraj Kumar Yadav, involved in aforementioned case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. September 26, 2025 (Ravi Kant) BAIL No. 33456 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad