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2025 DAILYLAW 153053 (ALL)

SAYED IMRAN @ BABU ALTER v. STATE OF U.P. THRU. SECY. HOME LKO.

BAIL/8668/2024 · 2025-09-08

Subhash Vidyarthi

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8668 of 2024 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Ms. Neha Chaurasia, learned counsel for the applicant, Shri Avishesh Kumar 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.101 of 2024, under Sections 2(B)(i)/3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Lalganj, District Raebareli. 3. The gang chart mentions involvement of the applicant in a solitary case, in which he has been granted bail. The applicant is involved in two other cases, in which he has been granted bail. 4. Co-accused Pammu Soni has already been granted bail by means of an order dated 18.04.2024 passed by the Co-ordinate Bench of this Court in Bail Application No.4196 of 2024. 5. 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. 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) : Sushil Kumar Verma, Arvind Kumar Mishra, Neha Chaurasia, Ramesh Gupta, Viksit Srivastava Counsel for Opposite Party(s) : G.A. Sayed Imran @ Babu Alter .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) 7. Prima facie it appears that the applicant has been implicated in the present case merely because he has a criminal history. There appears to be no reasonable ground for prima facie believing that the applicant is guilty of the offence alleged. 8. The minimum punishment which can be imposed in case of the applicant's conviction is imprisonment for two years. 9. There is nothing on record which may give rise to a reasonable apprehension that the applicant may tamper with the evidence or influence the witnesses or that the applicant will abscond and will not face the trial or that he is likely to commit any other offence in case he is 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 applicant is entitled to be released on bail. 11. Accordingly, the bail application is allowed. 12. Let the applicant- Sayed Imran @ Babu Alter be released on bail in the 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 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. September 8, 2025 S. Shivhare BAIL No. 8668 of 2024 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench