Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 161609 (ALL)

NOOR ALAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/8272/2025 · 2025-09-02

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8272 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Akhil Kumar Singh, Learned Counsel for the applicant, and Shri Amit Kumar Dwivedi, Learned Addl. Government Advocate, for the state. 2. The applicant has filed this application seeking his bail in F.I.R./Case Crime No. 94 of 2025 under Sections 3(1), Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, P.S. Kudwar, District Sultanpur. 3. The gang chart mentions involvement of the applicant in a solitary case, in which he has been granted bail. The applicant is involved in two other cases, in one of which he has been granted bail and in the other one, he has not received summons. 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 Versus Counsel for Applicant(s) : Akhil Kumar Singh, Gyanendra Pratap Yadav Counsel for Opposite Party(s) : G.A. Noor Alam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) and keeping in view the fact that the applicant has been implicated in the present case merely because he has a criminal history, and 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 also entitled to be granted bail. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Noor Alam 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 2, 2025 A.Nigam BAIL No. 8272 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench