VIVEK PANDEY AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/9097/2025 · 2025-09-24
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166186 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166186 (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. - 9097 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Arunendra Nath Mishra, learned counsel for the applicants, Sri Ayush Sharma, learned State counsel and perused the records. 2. The instant application has been filed seeking release of the applicants on bail in Case Crime No.168 of 2025, under Section 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Alapur, District Ambedkar Nagar. 3. The gang chart mentions involvement of the applicants in a solitary case, in which they have been granted bail. The applicants are not involved in any other case. 4. Co-accused Angad Rajbhar has been granted bail by means of an order dated 04.09.2025 passed by the Co-ordinate Bench of this Court in Bail Application No.8402 of 2025. 5. In the affidavit filed in support of bail application, it has been stated that the applicants are innocent, the have been falsely implicated in the present case and are languishing in jail since 17.01.2025. It has also been stated in the affidavit filed in support of the bail application that the applicants are neither a leader nor members of any gang. 6. The learned State counsel has opposed the prayer for bail and he has submitted that the investigation is still going on. 7. Prima facie it appears that the applicants have been implicated in the Versus Counsel for Applicant(s) : Arunendra Nath Mishra Counsel for Opposite Party(s) : G.A. Vivek Pandey And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
present case merely because he has a criminal history. 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 they are likely to commit any other offence in case they are 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- Vivek Pandey and Jagpat be released on bail in the case registered under Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 on their 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 24, 2025 S. Shivhare BAIL No. 9097 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench