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Neutral Citation No. - 2025:AHC:38055 Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37921 of 2024 Applicant :- Kamala Prasad @ Bora Opposite Party :- State of U.P. Counsel for Applicant :- Anil Mishra,Jitendra Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Mohd. Azhar Husain Idrisi,J.
1. Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by the applicant- Kamala Prasad @ Bora in Case Crime No.681 of 2022, under Section 2/3 of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act,1986, Police Station- Soraon, District- Prayagraj with the prayer to enlarge him on bail. 3. Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The criminal history of two cases mentioned in the gang chart against the applicant, which is explained in para- 10 of the affidavit filed in support of the bail application and in all these cases, he has already been granted bail. Copy of the bail orders are being annexed as Annexure No.4 to the affidavit filed in support of the bail application and the criminal history of two cases have also been explained in para- 2 of the supplementary affidavit. Copy of bail orders are being annexed as Annexure No.SA-1 to this supplementary affidavit. The applicant is neither leader or member of any gang nor he is involved in any anti-social activities. It is next contended that the co-accused Shyamu Pasi has been granted bail by a co-ordinate Bench of this Court vide order dated 21.06.2023 passed in Criminal Misc. Bail Application No.27483 of 2023 and the case of the applicant is on identical footing with the case of co-accused Shyamu Pasi. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 22.09.2024, deserves to be released on bail. 4. Per contra, learned A.G.A. opposed the prayer for grant of bail to the applicant. 5. Considering rival submissions of the parties, nature of allegations made in the F.I.R., the nature and gravity of offence, and all other facts and attending circumstances of the case, without expressing any opinion on merits of case, this court is of the opinion that a case for grant of bail to the applicant is made out. 6.
The bail application is allowed. 7. Let applicant- Kamala Prasad @ Bora be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:- i). The applicant shall not tamper with the prosecution evidence; ii). The applicant shall not pressurize the prosecution witnesses; iii). The applicant shall appear on the date fixed by the trial court. In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant. Order Date :- 17.3.2025 SFH Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad