MOHD. IRSAD v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO.
BAIL/8138/2025 · 2025-08-29
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161021 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161021 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8138 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Ms. Arti Shukla, the learned counsel for the applicant, Shri Satendra Srivastava, 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.1065 of 2019, under Sections 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Kotwali Nagar, District Sultanpur. 3. The gang chart mentions involvement of the applicant in 5 cases, in which he has been granted bail. The applicant is involved in 6 other cases, in which he has been released 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. A co-accused Om Prakash Jaiswal has been granted bail in the present case by means of an order dated 20.11.2020 passed by a Co-ordinate Bench of this court in Bail No.6639 of 2020. Versus Counsel for Applicant(s) : Arti Shukla Counsel for Opposite Party(s) : G.A. Mohd. Irsad .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s)
7. Prima facie it appears that the applicant has been implicated in the present case merely because he has a criminal history and the applicant is languishing in jail since 10.02.2025. There appears to be no reasonable ground for prima facie believing that the applicant is guilty of the offence alleged. 8. The minimum punishment which can be imposed in case of the applicant's conviction is imprisonment for two years. 9. There is nothing on record which may give rise to a reasonable apprehension that the applicant may tamper with the evidence or influence the witnesses or that the applicant will abscond and will not face the trial or that he is likely to commit any other offence in case he is released on bail. 10.
In view of the aforesaid discussion, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. 11. Accordingly, the bail application is allowed. 12. Let the applicant- Mohd. Irsad be released on bail in the case registered under Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 on his furnishing a personal bond and two reliable sureties, each of the like amount, to the satisfaction of the 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. August 29, 2025 -Amit K- BAIL No. 8138 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench