JAHID AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/6206/2025 · 2025-07-04
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149534 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149534 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:38004 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6206 of 2025 Applicant :- Jahid And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ajeet Kumar Mishra,Pramendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the accused-applicants as well as learned A.G.A. for the State and perused the record.
Learned counsel for accused-applicants while pressing the bail application submits that the accused-applicants have been falsely implicated in the instant case as well as in one case mentioned in the gang chart, all the applicants have been released on bail in that case. The bail orders are on record. Apart from the cases mentioned in the gang chart, applicants Nos.1 and 2 have one case each against them in those cases they have been granted bail, the bail orders are on record. Except aforementioned cases, there is no other case pending against the accused applicants. It has been further submitted that applicants are in jail since 31.05.2025 and if facility of bail is granted, there is no apprehension that they will flee from the judicial process and they will abide by the orders passed by the Court below and will co-operate in speedy trial of the case. Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicants. Considering the facts and circumstances of the case, and also
considering the nature of allegations, arguments advanced by
learned counsel for the parties and the fact that applicants have been enlarged on bail in one case shown in the gang chart against each of them as well as in one more cases as mentioned hereinabove and except these cases, there is no other criminal history of applicants; applicants are in jail since 31.05.2025 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicants on bail. Accordingly, the bail application is allowed. Let the applicants, Jahid, Wahid and Akram involved in Case Crime No.401 of 2025, under Sections 2(b)(xvii)/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station - Mohammdi, District - Lakhimpur Kheri be released on bail on each of them furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such
facts to the Court or to any police officer or tamper with the evidence. (iv) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicants shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail. (vi) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 BNS. (vii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 84 BNSS is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 BNS.
Order Date :- 4.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench