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2025 DAILYLAW 13532 (ALL)

KAPIL v. STATE OF U.P.

BAIL/3221/2025 · 2025-02-26

Subhash Vidyarthi

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:27928 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3221 of 2025 Applicant :- Kapil Opposite Party :- State of U.P. Counsel for Applicant :- Ankur Singh Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ankur Singh Kushwaha, learned counsel for the applicant, Sri Ashwani Kumar Yadav, learned AGA for the State and perused the records. 2. The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No.09 of 2025 under Section 2/3 UP Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station-Khatauli, District-Muzaffar Nagar. 3. The gang-chart mentions involvement of the applicant in three cases and in all the three cases, the applicant has been granted bail. Copies of the bail orders have 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; he has been falsely implicated in the case; he is neither a leader nor a member of any gang and he is in jail since 08.01.2025. It has also been stated in the affidavit that there is no possibility of the applicant tempering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully co- operate in the investigation. 5. Per contra, learned AGA has opposed the prayer for grant of bail, but he could not dispute the aforesaid aspects of the case. 6. Having regard to the facts that the applicant has already been granted bail in all the cases mentioned in the gang-chart and that the applicant is languishing in jail since 08.01.2025, I am of the view that the applicant has made out a case for being enlarged on bail pending conclusion of the trial. The bail application is accordingly allowed. 7. Let the applicant-Kapil be released on bail in the aforesaid case on his furnishing a personal bond and two reliable 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. Order Date :- 27.2.2025 Ashutosh Digitally signed by :- ASHUTOSH SINGH High Court of Judicature at Allahabad