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2025 DAILYLAW 128023 (ALL)

MAROOF ANWAR HASHMI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/2190/2025 · 2025-08-19

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48531 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2190 of 2025 Applicant :- Maroof Anwar Hashmi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Manoj Kumar Misra, learned counsel for the applicant, Shri Vinod Kumar Shahi, learned A.A.G. assisted by Shri Mohd. Asif Khan, the learned AGA 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.143 of 2024 under Sections 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986 registered at Police Station- Sadulla Nagar, District- Balrampur. 3. The gang chart mentions involvement of the applicant in two cases- (i) Case Crime No.41/2024 u/S 420/467/468/471/120-B/186/434 IPC and 2/3 of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986 registered at Police Station- Sadulla Nagar, District- Balrampur and (ii) Case Crime No.02/2024 u/S 504/506 IPC and 3(1)da, Dha/3(2) Vs of SC/ST Act registered at Police Station- Sadulla Nagar, District- Balrampur, in which he has been granted bail. 4. The applicant's involvement in 21 other cases has been disclosed in the bail application, in which he has been enlarged on bail. 5. 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. 6. Two Co-accused persons, namely, Mohd. Sayeed and Mohd. Nasir Hashmi have been granted bail in the present case by means of an order dated 12.03.2025 and 04.03.2025 passed by a Co-ordinate Bench of this Court in Crl. Misc. Bail Application Nos.2202 of 2025 and 1831 of 2025. 7. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 8. Having considered the aforesaid facts and circumstances of the case and the fact that the applicant has been granted bail in all the cases mentioned in the gang chart and in the other cases in which he is involved; that the applicant is languishing in jail since 02.04.2024 and that the two co-accused persons have already been granted bail 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Maroof Anwar Hashmi 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 :- 19.8.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench