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2025 DAILYLAW 143421 (ALL)

SURAJ RAWAT v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/4943/2025 · 2025-06-03

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34284 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4943 of 2025 Applicant :- Suraj Rawat Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Smriti Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State, and perused the record. 2. The present bail application has been filed by the accused-applicant seeking bail in Case Crime No. 4 of 2025, under Sections 2/3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Purwa, District Unnao. 3. Learned counsel for the applicant submits that as per the gang chart, only three cases have been shown against the applicant, and in both these cases, the applicant has already been enlarged on bail. The bail orders are on the record collectively as Annexure-3 to the bail application. Apart from these cases, there is no other criminal history of the applicant. 4. It is further submitted that the applicant is in judicial custody since 17.1.2025, and he is ready to furnish an undertaking in compliance with Section 19(4)(b) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. 5. It is also submitted that there is no likelihood of the applicant fleeing from judicial custody or tampering with the evidence. It is assured that if enlarged on bail, the applicant shall not misuse the liberty so granted. 6. Learned A.G.A. opposed the prayer for bail but could not dispute the factual submissions made by the learned counsel for the applicant. 7. Considering the submissions advanced and the facts that the applicant has been granted bail in the cases shown in the gang-chart and he has no other criminal antecedents, he is in jail since 17.1.2025, the applicant is ready to furnish an undertaking in compliance with Section 19(4)(b) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 and without expressing any opinion on the merits of the case, this Court finds it a fit case for grant of bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant, Suraj Rawat, involved in Case Crime No. 4 of 2025, under Sections 2/3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Purwa, District Unnao be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the following conditions in the interest of justice:- The applicant shall not tamper with the evidence during the trial. The applicant shall not pressurize or intimidate any prosecution witness. The applicant shall not, directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts of the case to dissuade him from disclosing such facts to the Court or any police officer. The applicant shall file an undertaking that he shall not seek adjournments on dates fixed for evidence when witnesses are present in Court. In case of default, the trial court shall be at liberty to treat it as abuse of the liberty of bail and pass orders in accordance with law. The applicant shall also file an undertaking in compliance with Section 19(4)(b) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, stating that he shall not indulge in any criminal activity or misuse the liberty granted by bail. The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. In case of his absence without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. In case the applicant misuses the liberty of bail and a proclamation under Section 82 Cr.P.C. is issued to secure his presence, and he fails to appear on the date fixed in the proclamation, the trial court shall be at liberty to initiate proceedings against him under Section 174-A of the Indian Penal Code. Order Date :- 3.6.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench