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2025 DAILYLAW 161645 (ALL)

RUBIYAN ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/8289/2025 · 2025-09-02

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8289 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri J.P. Shukla, learned counsel for the applicant, Sri S.P. Singh, learned State counsel and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 444 of 2025, under Sections 2(kha)(1), 2(kha), (XI) / 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Para, District Lucknow. 3. The gang chart mentions involvement of the applicant in a four cases, in which he has been granted bail. The applicant is not involved in any other case. 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 State counsel 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 Versus Counsel for Applicant(s) : Jai Prakash Shukla Counsel for Opposite Party(s) : G.A. Rubiyan Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 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. 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. 9. Co-accused Varis Ali @ Chunakka has been granted bail by means of an order dated 01.09.2025 passed by this Court in Criminal Misc. Bail Application No. 8199 of 2025. 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- Rubiyan Ali 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. September 2, 2025 Pradeep/- BAIL No. 8289 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench