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2025 DAILYLAW 104940 (ALL)

JAIRAM @ SATAI VISHKARMA v. State of UP

BAIL/38635/2024 · 2025-02-26

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27087 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38635 of 2024 Applicant :- Jairam @ Satai Vishkarma Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Shamim Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Mohd. Tahir, Advocate holding brief of Sri Mohd. Shamim Khan, learned counsel for the applicant, Sri Amritraj Chaurasiya, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 18 of 2024, under Section 3 (1) of U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Itwa, District Siddhathnagar. 3. The gang chart discloses involvement of the applicant in four cases in all of which he has already been granted bail. The applicant's involvement in 14 more cases has been disclosed in the bail application and in the supplementary affidavit filed in support thereof. In one of the cases the applicant stands acquitted and in the rest of cases he has been enlarged on bail. 4. The State has filed a counter affidavit and it has been stated therein that a charge sheet has already been submitted in the present case. 5. The learned A.G.A. has vehemently opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is languishing in jail since 26.02.2024 and as per the statement made by the learned counsel for the applicant the trial is yet to commence and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Jairam @ Satai Vishkarma 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 magistrate/court concerned, subject to following conditions:- (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 each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 27.2.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad