Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:27784 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46779 of 2024 Applicant :- Vakil Biyar Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Kamlesh Kumar Singh, learned counsel for the applicant and Shri Ashwinin Yadav, the learned Counsel for the State.
2. The instant bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 113 of 2024, under Section 3(1) of U.P. Gangster and Anti-Social Activities (prevention) Act, 1986 , P.S. Naugarh, District Chandauli.
3. The gang-chart mentions involvement of the applicant in a solitary case in which case the applicant has been granted bail. Copy of the bail order has been annexed to the affidavit filed in support of the bail application.
4. It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, that he has been falsely implicated in the case and that he is neither a leader nor a member of any gang and the applicant is languishing in jail since 04.12.2024.
5. Learned State Counsel has opposed the prayer for grant of bail but he could not dispute the aforesaid aspects of the case.
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 04.12.2024 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 a case for enlargement of the applicant on bail. The bail application is accordingly, allowed.
7. Let the applicant- Vakil Biyar be released on bail in the aforementioned 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. . [Subhash Vidyarthi, J.] Order Date :- 27.2.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad