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2025 DAILYLAW 162962 (ALL)

SUKHRAM PATEL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME GOVT. LKO.

BAIL/10535/2024 · 2025-09-08

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10535 of 2024 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Swapnil Das, the learned counsel for the applicant as well as Sri Ashok Kumar Srivastava, the 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. 097/2023, under Sections 2, 3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Kunda, District Pratapgarh. 3. The gang chart shows involvement of the applicant in a total of 14 cases, although only two cases form the basis of imposition of Gangster Act on the applicant and in both the cases applicant has already been enlarged on bail. Although the applicant stands convicted in two cases, in one of the case the conviction is based on the applicant's confession. 4. The State has filed a counter affidavit opposing the bail application supporting therewith copies of material collected during investigation and a copy of the charge sheet dated 13.01.2024. 5. A rejoinder affidavit has been filed on behalf of the applicant annexing therewith a copy of report of the Chief Medical Officer, Pratapgarh as per which the applicant's mental condition is not stable since his admission to the jail. The medical board has examined the applicant and has opined to refer him to Mental Hospital, Varanasi. Versus Counsel for Applicant(s) : Swapnil Das Counsel for Opposite Party(s) : G.A. Sukhram Patel .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Govt. Lko. .....Opposite Party(s) 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the aforesaid facts, coupled with the fact that the applicant is in languishing in jail since 22.10.2022, the investigation stands concluded and the applicant is suffering from mental ailment, I am of the view that the applicant is entitled to be released on bail. 7. Accordingly, this bail application stands allowed. 8. Let the applicant- Sukhram Patel 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 the 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. September 8, 2025 Pradeep/- BAIL No. 10535 of 2024 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench