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Neutral Citation No. - 2025:AHC:12062 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44587 of 2024 Applicant :- Lallu Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Ramesh Kumar Mishra, learned counsel for the applicant, Sri Punit Kumar Singh, learned A.G.A. for the State and perused the material available on record. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.398 of 2023, under Section 3(1) U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station- Mughalsarai, District- Chandauli.
Learned counsel for the applicant contended that in the gang chart four cases have been shown in which the accused-applicant has been granted bail. The bail order are annexed with this affidavit. It is next contended that another case of Gangster Act from police station Alinagar, district Chandauli was registered against the applicant on the basis of four cases shown in the gang chart. The applicant has been granted bail in that case also. There is no other criminal history of the accused-applicant. The applicant is innocent and has been falsely implicated in the present case.The applicant who is in jail since 13.11.2023 undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.Co-accused Manish yadav @ Mangaroo Yadav, has already been granted bail by Co-ordinate Bench of this Court vide order dated 29.01.2024 passed in Criminal Misc. Bail Application No. 1365 of 2024. Hence bail has been prayed for. Learned A.G.A. opposed the prayer for bail but not disputed the aforesaid facts. Considering the rival contentions of the parties, the material on
record, attending circumstances and in the opinion of the Court, a case for bail is made out. Accordingly, the bail application is allowed. Let the applicant- Lallu Kumar involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 23.1.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad