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2025 DAILYLAW 109784 (ALL)

SUBHAN v. STATE OF U.P.

BAIL/44593/2024 · 2025-08-17

Santosh Rai

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:140557 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44593 of 2024 Applicant :- Subhan Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Ashraf Counsel for Opposite Party :- G.A. Hon'ble Santosh Rai,J. 1. Rejoinder affidavit filed on behalf of the accused applicant today in Court is taken on record. 2. Heard learned counsel for the applicant and learned AGA for the State-respondents and perused the record. 3. This bail application has been moved on behalf of accused- applicant, Subhan seeking enlargement on bail in Case Crime No.112 of 2024, under Section 2/3 Gangster Act, Police Station- Jahanabad, District- Pilibhit. 4. Learned counsel for the applicant submits that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 26.06.2024. It is submitted that the accused applicant is named in the first information report along with seven other co- accused persons. It is further submitted that the accused had already been enlarged on bail in all the cases which are enumerated in the gang-chart. It is further argued that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the prayer for bail and submits that the accused applicant has criminal history of one case in which he has been enlarged on bail. He further relied that fact that the accused has been enlarged on bail in all the cases as mentioned in gang-chart. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Subhan involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. 10. Trial court is directed to expeditiously conclude the trial of the present case. Order Date :- 18.8.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad