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2025 DAILYLAW 11487 (ALL)

SANDEEP KUMAR SETH v. STATE OF U.P.

BAIL/2724/2025 · 2025-02-27

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28765 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2724 of 2025 Applicant :- Sandeep Kumar Seth Opposite Party :- State of U.P. Counsel for Applicant :- Shashank Pandey,Tushar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Shashank Pandey, the learned counsel for the applicant, Sri Ashwini Yadav, 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 Special Session Trial No. 768 of 2020 arising out of Case Crime No. 555 of 2020, under Sections 3 (1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Cantt., District Varanasi. 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 the solitary case mentioned in the gang chart and that the applicant is languishing in jail since 14.07.2020 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- Sandeep Kumar Seth 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