MOHIT BALIYAN v. STATE OF U.P. THOUGH IT PRINCIPAL SECRETARY (HOME)LUCKNOW
BAIL/3090/2025 · 2025-02-26
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13887 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13887 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:27870 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3090 of 2025 Applicant :- Mohit Baliyan Opposite Party :- State Of U.P. Though It Principal Secretary (Home)Lucknow Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Atul Kumar, learned counsel for the applicant and Sri R.K. Srivastava, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.185 of 2024, under Sections 2/3 of U.P. Gangsters & Anti-Social Activities (Prevention) Act 1986, Police Station- Ratanpuri, District- Muzaffar Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of solitary case shown in the gang chart, applicant has been made accused in the present matter. He further submitted that applicant is neither member nor leader of any gang and he never indulged in any anti-social activity and in the solitary case shown in the gang chart, he has already been released on bail. 4. He further submitted that apart from the solitary case shown in the gang chart, applicant is not having any criminal history to his credit and in the present matter, he is in jail since 20.12.2024. 5. Per contra, learned AGA opposed the prayer for bail but could not dispute the factual arguments advanced by learned counsel for the applicant. 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, applicant was made accused in the present case and in the solitary case, he has already been enlarged on bail and apart from the case shown in the gang chart, applicant is not having any criminal history and in the present matter, he is in jail since 20.12.2024, therefore, this Court is of the view that it is a fit case to release the applicant 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 applicant-Mohit Baliyan 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