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2025 DAILYLAW 110855 (ALL)

RAHUL BHARTI v. STATE OF U.P.

BAIL/46353/2024 · 2025-02-27

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28811 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46353 of 2024 Applicant :- Rahul Bharti Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Shailendra Kumar Shukla, the learned counsel for the applicant, 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.198 of 2024, under Sections 3 (1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Chakiya, District Chandauli. 3. The gang chart mentions involvement of the applicant in solitary case, in which he has been granted bail. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. It has also been stated in the affidavit filed in support of the bail application that the applicant is neither a leader nor member of any gang. 5. The learned A.G.A. has 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 the fact that the applicant has been granted bail in solitary case mentioned in the gang chart and that the applicant is languishing in jail since 03.08.2024 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- Rahul Bharti 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 :- 28.2.2025 Shiraz Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad