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2025 DAILYLAW 162317 (ALL)

VISHAL KUMAR @ SUVESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.

BAIL/8361/2025 · 2025-09-10

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8361 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Abhinav Singh, the learned counsel for the applicant, Shri Shikhar 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.179 of 2025, under Sections 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Sursa, District Hardoi. 3. The gang chart mentions involvement of the applicant in two cases, in which he has been granted bail. 4. A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in another criminal case in which he has been released on furnishing a personal bond and no charge sheet has been filed till date. 5. 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. 6. The learned A.G.A. has opposed the prayer for bail and he has submitted that the investigation in the matter is still going on. 7. The learned counsel for the applicant has submitted that co-accused Dheeraj has been granted bail by means of an order dated 05.08.2025 passed Versus Counsel for Applicant(s) : Abhinav Singh Counsel for Opposite Party(s) : G.A. Vishal Kumar @ Suvesh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) by this Court in Criminal Misc. Bail Application No. 7256 of 2025. Another co-accused Pradeep Kumar has been granted bail by means of an order dated 08.09.2025 passed by this Court in Criminal Misc. Bail Application No. 8372 of 2025. 8. 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 08.07.2025. There appears to be no reasonable ground for prima facie believing that the applicant is guilty of the offence alleged. 9. The minimum punishment which can be imposed in case of the applicant's conviction is imprisonment for two years. 10. 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. 11. 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. 12. Accordingly, the bail application is allowed. 13. Let the applicant- Vishal Kumar @ Suvesh Kumar 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 10, 2025 S. Shivhare BAIL No. 8361 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench