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2025 DAILYLAW 12934 (ALL)

SERAJ AND 15 OTHERS v. STATE OF U.P.

BAIL/3217/2025 · 2025-02-26

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27893 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3217 of 2025 Applicant :- Seraj And 15 Others Opposite Party :- State of U.P. Counsel for Applicant :- Mustaqeem Ahmad Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Mustaqeem Ahmad, learned counsel for the applicants and Sri Rakesh Shukla, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicants on bail in Case Crime No.808 of 2024, under Sections 3(1) of U.P. Gangsters & Anti-Social Activities (Prevention) Act 1986, Police Station- Kotwali Padrauna, District- Kushi Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicants submitted that on the basis of solitary case shown in the gang chart, applicants have been made accused in the present matter. He further submitted that applicants are neither member nor leader of any gang and they never indulged in any anti-social activity and in the solitary case shown in the gang chart, they have already been released on bail. 4. He further submitted that apart from the solitary case shown in the gang chart, applicants are not having any criminal history to his credit and in the present matter, they are in jail since 08.10.2024. 5. Per contra, learned AGA opposed the prayer for bail but could not dispute the factual arguments advanced by learned counsel for the applicants. 6. I have heard learned counsel for the parties and perused the record of the case. 7. It appears that on the basis of the solitary case shown in the gang chart, applicants were made accused in the present case and in the solitary case, they have already been enlarged on bail and apart from the case shown in the gang chart, applicants are not having any criminal history and in the present matter, they are in jail since 08.10.2024, therefore, this Court is of the view that it is a fit case to release the applicants on bail. 8. In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicants-Seraj, Mohd. Kaish, Sameer Ali, Ramjan Ali, Noor Mohammad, Shamsher, Nazruddin, Rafeeq Ali, Mohd. Naim, Riyajuddin, Sirajuddin, Iqbal, Sarfuddin, Umar Ansari, Firoz Ahmad and Sultan Ali 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 applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants 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