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2025 DAILYLAW 145370 (ALL)

NAUSHAD v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO.

BAIL/5155/2025 · 2025-09-15

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5155 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Priyam Kumar Singh, the learned counsel for the applicant, Sri S.P. Singh, learned A.G.A. 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.01 of 2025, under Sections 3(i) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Thangaon, District Sitapur. 3. The gang chart mentions involvement of the applicants in 25 cases, although only two cases have been formed the basis of imposition of Gangsters Act on the applicant. The applicant has been granted bail in all the cases. 4. Two co-accused persons, namely, Rampraksh @ Prakash and Kalau @ Kamlakant, have already been granted bail in the present case by means of orders dated 17.07.2025 and 08.07.2025 passed by Coordinate Bench of this Court in Criminal Misc. Bail Application No.6488 of 2025 and Criminal Misc. Bail Application No.5997 of 2025, respectively. Versus Counsel for Applicant(s) : Priyam Kumar Singh Counsel for Opposite Party(s) : G.A. Naushad .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s) 5. In the affidavit filed in support of bail application it has been stated that the applicants are innocent and they have been falsely implicated in the present case. It has also been stated in the affidavit filed in support of the bail application that the applicants are neither a leader nor members of any gang. 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 7. Prima facie it appears that the applicants have been implicated in the present case merely because they have a criminal history and the applicants are languishing in jail since 27.06.2022. There appears to be no reasonable ground for prima facie believing that the applicants are guilty of the offence alleged. 8. The minimum punishment which can be imposed in case of the applicants' conviction is imprisonment of two years. 9. There is nothing on record which may give rise to a reasonable apprehension that the applicants may tamper with the evidence or influence the witnesses or that the applicants will abscond and will not face the trial or that they are likely to commit any other offence in case they are released on bail. 10. In view of the aforesaid discussion, without expressing any opinion on the merits of the case, this Court is of the view that the applicants is entitled to be released on bail. 11. Accordingly, the bail application is allowed. 12. Let the applicant- Naushad be released on bail in the aforesaid case registered under Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 on his furnishing a personal bond and two reliable sureties, each of the like amount, to the satisfaction of the Magistrate/Court concerned subject to following conditions:- (i) the applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; BAIL No. 5155 of 2025 2 (iii) the applicants shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. September 15, 2025 KR BAIL No. 5155 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench