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2025 DAILYLAW 160632 (ALL)

ARVIND @ ARVINDEY v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/8128/2025 · 2025-09-01

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8128 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Mr. Brijesh Kumar Yadav, learned counsel for the applicant, and the learned Addl. Government Advocate, for the state. 2. The applicant has filed this application seeking bail in F.I.R./Case Crime No. 39 of 2025 under Sections 2/3(1), U.P. Gangster and Antisocial Activities (Prevention) Act, 1986, P.S. Karaundi Kalan, District Sultanpur. 3. The gang chart mentions involvement of the applicant in a five cases, in all of 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. Prima facie it appears that the applicant has been implicated in the present case merely because he has a criminal history. There appears to be no reasonable ground for prima facie believing that the applicant is guilty of the offence alleged. 7. The minimum punishment which can be imposed in case of the applicant's conviction is imprisonment for two years. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated in the present case merely because he has a criminal history; that there appears to be no reasonable ground for prima facie believing that the applicant is guilty of the offence alleged, I am of the view that the applicant is entitled Versus Counsel for Applicant(s) : Brijesh Kumar Yadav Counsel for Opposite Party(s) : G.A. Arvind @ Arvindey .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) to be granted bail on the ground of parity. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Arvind @ Arvindey 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. September 1, 2025 A.Nigam BAIL No. 8128 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench