Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 166007 (ALL)

TANSEN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/9039/2025 · 2025-09-19

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9039 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Smt. Suman Lata, the learned counsel for the applicant, Shri S.P. Singh, learned counsel 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.192 of 2025, under Sections 2/3 of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station-Dalmau, District-Raebareli. 3. The gang chart mentions involvement of the applicant in two cases only, in both of which he has been granted bail. The applicant's involvement in four other cases has been disclosed in the affidavit filed in support of the bail application and his involvement in 19 other cases has been disclosed by filing a supplementary affidavit, in all the cases he has been granted bail. 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 counsel for the State has opposed the prayer for bail and he has submitted that the accused is also involved in two cases which are under Gangsters Act and he should not be enlarged on bail. He further submitted that the investigation of the case is still going on. 6. In reply to the aforesaid objection, the learned counsel for the applicant has drawn attention of the court to the averment made in para 8 of the affidavit filed in support of the bail application, wherein it is stated that the applicant's father had lodged a case under Section 354 I.P.C. against Officer-Incharge of Police Station Narpatganj and being annoyed of the same the police is implicating the applicant and his family members in numerous cases. Versus Counsel for Applicant(s) : Suman Lata Counsel for Opposite Party(s) : G.A. Tansen .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 7. 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 10.12.2024. 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-Tansen 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 19, 2025 Ram. BAIL No. 9039 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench