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2025 DAILYLAW 159912 (ALL)

ARIF ANWAR HASHMI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/7997/2025 · 2025-08-28

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7997 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Manoj Kumar Misra, learned counsel for the applicant, Shri Vinod Kumar Shahi, learned A.A.G. assisted by Shri Mohd. Alok Kumar Tripathi, the learned AGA 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.143 of 2024 under Section 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986 registered at Police Station- Sadulla Nagar, District- Balrampur. 3. The gang chart mentions involvement of the applicant in three cases- (i) Case Crime No.41/2024 u/S 420/467/468/471/120-B/186/434 IPC and 2/3 of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986 registered at Police Station- Sadulla Nagar, District- Balrampur, (ii) Case Crime No.02/2024 u/S 504/506 IPC and 3(1)da, Dha/3(2) Vs of SC/ST Act registered at Police Station- Sadulla Nagar, District- Balrampur, and (iii) Case Crime No. 89 of 2023 under Sections 419/420/467/468/471, I.P.C. and 2/3 of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986 registered at Police Station- Sadulla Nagar, District- Balrampur, in which he has been granted bail. 4. The applicant's involvement in 34 other cases has been disclosed in para nos. 16 & 19 of the bail application, in all of which he has been enlarged on bail. 5. In the affidavit filed in support of bail application it has been stated that Versus Counsel for Applicant(s) : Manoj Kumar Misra Counsel for Opposite Party(s) : G.A. Arif Anwar Hashmi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 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. It has further been stated in the affidavit that investigation is still going on and chargesheet has not been filed. 6. Four Co-accused persons, namely, Maroof Anwar Hashmi, Mohd. Sayeed, Mohd. Nasir Hashmi and Ahmad Hussain have been granted bail in the present case by means of orders dated 19.08.2025, 12.03.2025 and 04.03.2025 passed by a this court as well as Co-ordinate Bench of this Court in Crl. Misc. Bail Application Nos.2190 of 2025, 2202 of 2025, 1831 of 2025 and 1833 of 2025 respectively. 7. The learned A.A.G. has vehemently opposed the prayer for bail and has submitted that the applicant is former Member of the Legislative Assembly. He has misused his official position to grab large chunks of lands including the lands belonging to private individuals as well as State lands. Numerous cases are pending in this regard. The applicant is an accused in two previous cases under the Gangsters Act. He further submits that the aforesaid conduct of th3e applicant disentitles him for being released on bail. 8. Having considered the aforesaid facts and circumstances of the case and the fact that the applicant has been granted bail in all the three cases mentioned in the gang chart and in the other 34 cases in which he is involved; that the applicant is languishing in jail since 27.01.2025, even investigation has not been concluded till date, and that the four co- accused persons have 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Arif Anwar Hashmi 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:- BAIL No. 7997 of 2025 2 (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. August 28, 2025 A.Nigam BAIL No. 7997 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench