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2025 DAILYLAW 12620 (ALL)

NOOR MOHAMMAD v. STATE OF U.P.

BAIL/3139/2025 · 2025-02-26

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28009 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3139 of 2025 Applicant :- Noor Mohammad Opposite Party :- State of U.P. Counsel for Applicant :- Chandrabhan,Sachin Kumar Singh,Shiv Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Chandrabhan, learned counsel for the applicant and Sri Ashwani Kumar Yadav, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.139 of 2024, under Sections 3(1) U.P. Gangsters and Anti-social Activities (Prevention) Act, Police Station- Kon, District- Sonbhadra, during pendency of the trial in the court below. 3. On the basis of solitary case shown in the gang chart, applicant was made accused in the present matter. 4. Learned counsel for the applicant submitted that applicant is neither member nor leader of any gang and he never indulged in any anti-social activity. He further submitted that on the basis of solitary case shown in the gang chart, applicant was made accused in the present matter. 5. He further submitted that apart from the present case and one case shown in the gang chart, applicant is having criminal history of two more cases and in all the cases including case shown in the gang chart, applicant is on bail. 6. He further submitted that applicant is in jail in the present matter since 01.12.2024. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. From the record, it reflects that on the basis of solitary case, applicant was made accused in the present matter. Further, apart from the present case and one case shown in the gang chart, applicant is having criminal history of two more cases and in all the cases including cases shown in the gang chart, he is on bail. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant-Noor Mohammad 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 the court concerned with the 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. Order Date :- 27.2.2025 Ashutosh Digitally signed by :- ASHUTOSH SINGH High Court of Judicature at Allahabad