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2025 DAILYLAW 150333 (ALL)

WASIM KHAN ALIAS SHAKEEL v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/6322/2025 · 2025-08-25

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6322 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Shailesh Kumar Srivastava, the learned counsel for the applicant, Sri Ashok Kumar Srivastava, 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.72 of 2025, under Sections 2/3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Fatanpur, District Pratapgarh. 3. The gang chart mentions involvement of the applicant in 2 cases, in which he has been granted bail. The applicant is involved in 35 other cases, in which he has been enlarged on 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. Co-accused Brijesh Kumar Maurya has already been granted bail in the present case by means of an order dated 26.06.2025 passed by a Co-ordinate Bench of this Court in Crl. Misc. Bail Application NO.5702 of 2025. 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. Versus Counsel for Applicant(s) : Shailesh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Wasim Khan Alias Shakeel .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) 7. 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 in the other cases in which he is involved; that the applicant is languishing in jail since 19.04.2025 and that a co-accused person has already been released on bail in the present case 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. 8. Accordingly, this bail application stands allowed. 8. Let the applicant- 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. August 25, 2025 -Amit K- BAIL No. 6322 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench