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2025 DAILYLAW 157374 (ALL)

RASHID @ GOKUL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/7481/2025 · 2025-08-12

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46984 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7481 of 2025 Applicant :- Rashid @ Gokul Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Farooq Ayoob,Mansi Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Farooq Ayoob, the learned counsel for the applicant, Sri Mayank Sinha, 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.272 of 2025, under Section 3(1)of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Safdarganj, District Barabanki. 3. The gang chart mentions involvement of the applicant in one case, in which he has been granted bail. The applicant's involvement in eight other cases has been disclosed in para 9 of the affidavit filed in support of the bail application, in six of which he has been granted bail and in remaining two cases, he has yet to receive summon. 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 counsel for the applicant has submitted that five co-accused persons Mohd. Shadab, Nururl Hasan @ Nuraiya, Manne @ Sirajul Hasan, Riyaz and Mohd. Ahmad @ Nana Patekar @ Nan Dhafaili have been granted bail in the present case by means of orders dated 11.07.2025, 17.07.2025, 18.07.2025, 18.07.2025 and 08.08.2025 respectively in Criminal Misc. Bail Application Nos.6427 of 2025, 6552 of 2025, 6532 of 2025, 6531 of 2025 and 7371 of 2025 respectively. 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 7. Having considered the aforesaid facts and circumstances of the case and the fact that the applicant has been granted bail in a solitary case/ and in the other cases, in which, he is involved and that the applicant is languishing in jail since 17.07.2025 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. 9. Let the applicant- Rashid @ Gokul 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 :- 12.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench