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2025 DAILYLAW 163045 (ALL)

MUSABBAR ALI @ KURKUT AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/8619/2025 · 2025-09-10

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8619 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. A supplementary affidavit filed by the learned counsel for the applicants is taken on record. 2. Heard Sri Pankaj Kumar Singh, the learned counsel for the applicants, Shri Manish Kumar Pandey, learned A.G.A. for the State and perused the records. 3. The instant application has been filed seeking release of the applicants on bail in Case Crime No.173 of 2025, under Sections 3(1)of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Colonelganj, District Gonda. 4. The gang chart mentions involvement of applicants no. 1 and 2 in a solitary case, in which, both of them have been granted bail. The applicant no.1 is involved in two other criminal cases and the applicant no.2 is involved in three other criminal cases, in all the cases, both the accused persons have been granted bail. 5. In the affidavit filed in support of bail application it has been stated that the applicants are innocent and they have been falsely implicated in the present case. It has also been stated in the affidavit filed in support of the bail application that the applicants are neither a leader nor member of any gang. 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. Versus Counsel for Applicant(s) : Pankaj Kumar Singh Counsel for Opposite Party(s) : G.A. Musabbar Ali @ Kurkut And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 7. Prima facie it appears that the applicants have been implicated in the present case merely because they have a criminal history and the applicants are languishing in jail since 05.08.2025. There appears to be no reasonable ground for prima facie believing that the applicants are guilty of the offence alleged. 8. The minimum punishment which can be imposed in case of the applicants' conviction is imprisonment for two years. 9. There is nothing on record which may give rise to a reasonable apprehension that the applicants may tamper with the evidence or influence the witnesses or that the applicants 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 applicants are entitled to be released on bail. 11. Accordingly, the bail application is allowed. 12. Let the applicants- Musabbar Ali @ Kurkut and Ronu @ Nabi Hussain 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 applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants 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 Preeti. BAIL No. 8619 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench