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2025 DAILYLAW 165705 (ALL)

MOHD. ASLAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

BAIL/9057/2025 · 2025-09-24

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9057 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Eshan Garg, the learned counsel for the applicant, Shri Virendra Kumar, learned A.G.A.-I 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.543 of 2025, under Sections 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station- Fatehpur, District- Barabanki. 3. The gang chart mentions involvement of the applicant in a total of 12 cases although three of those have been made the basis of imposition of Gangster's Act on the applicant and he has been granted bail in those three cases. Although the gang chart shows involvement of the applicant in a total of 12 cases, the applicant's involvement in 12 cases other than the three cases forming basis of imposition in gang chart has been disclosed in the affidavit filed in support of the bail application, in 7 of which the applicant has been granted bail, in 4 cases the applicant stands acquitted and proceedings of one case stands quashed. 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 A.G.A.-I has opposed the prayer for bail and he has submitted that investigation of the case is still going on. 6. Prima facie it appears that the applicant has been implicated in the present Versus Counsel for Applicant(s) : Eshan Garg, Prachi Arya Counsel for Opposite Party(s) : G.A. Mohd. Aslam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) case merely because he has a criminal history and the applicant is languishing in jail since 04.08.2025. There appears to be no reasonable ground for prima facie believing that the applicant is guilty 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. 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. 10. Accordingly, the bail application is allowed. 11. Let the applicant- Mohd. Aslam 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 24, 2025 -Amit K- BAIL No. 9057 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench