Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:28630 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3598 of 2025 Applicant :- Rupesh Shukla Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Virendra Kumar Yadav, the learned counsel for the applicant, Sri Rakesh Shukla, 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. 408 of 2024, under Sections 3 (1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Sigra, District Varanasi.
3. The gang chart mentions involvement of the applicant in six cases, in which he has been granted bail.
4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. It has also been stated in the affidavit filed in support of the bail application that the applicant is neither a leader nor member of any gang.
5. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.
6. Having considered the aforesaid facts and circumstances of
the case and the fact that the applicant has been granted bail in all the cases mentioned in the gang chart and that the applicant is languishing in jail since 29.11.2024 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.
7. Accordingly, this bail application stands allowed.
8. Let the applicant- Rupesh Shukla 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 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, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 28.2.2025 Shiraz Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad