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2025 DAILYLAW 158292 (ALL)

WAKEEL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/7756/2025 · 2025-08-22

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49319 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7756 of 2025 Applicant :- Wakeel Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Diwakar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Diwakar Singh, learned counsel for the applicant, Shri Manish Vikram Singh Chauhan, 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.354 of 2025, under Section 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Ram Nagar, 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 six other cases has been shown in the supplementary affidavit filed on behalf of the applicant, which is taken on record, the applicant has been acquitted in two of those cases, in one case Investigating Officer had not find his involvement and a closure report has been submitted and in three cases he has been enlarged on 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. Having considered the aforesaid facts and circumstances of the case and the fact that the applicant has been granted bail in the single case mentioned in the gang chart and in the other six cases, in three of which he has been granted bail, in two cases he has been acquitted and in one case his involvement has not been found and that the applicant is languishing in jail since 31.07.2025 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- Wakeel 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 :- 22.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench