SUBHAM TIWARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME GOVT. OF U.P. LKO.
BAIL/7448/2025 · 2025-09-15
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157107 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157107 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7448 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Ms. Shakshi Verma, learned counsel for the applicant, Smt. Shikha Sinha, learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Gangster Case No.22 of 2021, arising out of Case Crime No.0395 of 2020, under Sections 2/3(1)of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Gauriganj, District Amethi. 3. The gang chart mentions involvement of the applicant in a three cases. It has been stated in the application that the applicant is involved in a total of 12 cases, in all of which he has been granted bail. It has also been submitted on behalf of the applicant that the co-accused Sandeep Jaiswal, Suraj Srivastava and Shivam Jaiswal have already been granted bail by this court by means of order dated 11.01.2021, 31.05.2021 and 20.12.2021, passed in Criminal Misc. Bail Application Nos.7123 of 2020, 5327 of 2021 and 14951 of 2021. 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. The applicant is languishing in jail since 14.11.2019. 5. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 6. Prima facie it appears that the applicant has been implicated in the present Versus Counsel for Applicant(s) : Shakshi Verma, Pankaj Kumar, Sanjay Kumar Singh Counsel for Opposite Party(s) : G.A. Subham Tiwari .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Govt. Of U.P. Lko. .....Opposite Party(s)
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. 7. The minimum punishment which can be imposed in case of the applicant's conviction is imprisonment for two years. 8.
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. 9. In view of the aforesaid discussion and keeping in view the fact that the applicant is languishing in jail since 14.11.2019 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be granted bail in the present case. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Subham Tiwari be released on bail in the aforesaid case registered under Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986 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. September 15, 2025 Ram. BAIL No. 7448 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench