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2025 DAILYLAW 157665 (ALL)

FIROZ AHMAD @ KALUTE v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

/7568/2025 · 2025-08-13

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47624 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7568 of 2025 Applicant :- Firoz Ahmad @ Kalute Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Mohd. Salman,Ana Fatma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Mohd. Salman, learned counsel for the applicant, Shri Manish Kumar Pandey, 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.0154 of 2025, under Sections 2/3 of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Kandhai, District Pratapgarh. 3. The gang chart mentions involvement of the applicant in solitary case, in which he has been granted bail. The applicant is involved in two other cases, in one case, he has been released on bail and the other case is of the year 2009 related to gambling act and he is on bail but the applicant has no knowledge about the same. 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 A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 6. Having considered the aforesaid facts and circumstances of the case and the fact that the applicant has been granted bail in solitary case mentioned in the gang chart and in the other cases in which he is involved; that the other two cases are not the basis of applicant's implication in the Gangster Act and that the applicant is languishing in jail since 07.07.2025 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant- Firoz Ahmad @ Kalute 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. Order Date :- 13.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench