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2025 DAILYLAW 158119 (ALL)

WASIM v. STATE OF U.P. THRU. DISTT. GOVT. COUNSEL CRIMINAL DISTT. UNNAO

BAIL/7722/2025 · 2025-08-19

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48373 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7722 of 2025 Applicant :- Wasim Opposite Party :- State Of U.P. Thru. Distt. Govt. Counsel Criminal Distt. Unnao Counsel for Applicant :- Devendra Pratap Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Devendra Pratap Upadhyay, the learned Amicus Curie appearing for the applicant, Sri 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.124 of 2024, under Sections 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Ajagain, District Unnao. 3. The gang chart mentions involvement of the applicant in 5 cases, in which he has been granted 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. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 6. The learned counsel for the applicant has submitted that a co- accused Girja Shankar Mishra has already been granted bail by means of an order dated 09.07.2024 passed by a Co-ordinate Bench of this Court in Crl. Misc. Bail Application No.7389 of 2024. 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; that the applicant is languishing in jail since 02.05.2024; that a co-accused has already been granted bail 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-Wasim 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 :- 19.8.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench