VISHAMBHAR RAWAT v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/8596/2025 · 2025-09-11
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163142 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163142 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8596 of 2025
Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Vivek Singh, the learned counsel for the applicant, Shri Avishesh Kumar Singh, 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.170 of 2025, under Sections 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station- Loni Katra, District- Barabanki. 3. The gang chart mentions involvement of the applicant in three cases, in two of which he has been granted bail and the third case carries a maximum sentence of imprisonment upto 7 years and the applicant has not received any summon in that case. 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. Co-accused Suresh Prajapati has been granted bail in the present case by means of an order dated 08.09.2025 passed by this Court in Crl. Misc. Bail Application No.8503 of 2025. 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 7. Prima facie it appears that the applicant has been implicated in the present Versus Counsel for Applicant(s) : Vivek Singh Counsel for Opposite Party(s) : G.A. Vishambhar Rawat .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
case merely because he has a criminal history and the applicant is languishing in jail since 30.04.2025. There appears to be no reasonable ground for prima facie believing that the applicant is guilty of the offence alleged. 8. The minimum punishment which can be imposed in case of the applicant's conviction is imprisonment for two years. 9.
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. 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- Vishambhar Rawat 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 11, 2025 -Amit K- BAIL No. 8596 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench