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2025 DAILYLAW 166297 (ALL)

MOHD. AZEEM v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.

BAIL/9120/2025 · 2025-09-24

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9120 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Although, the cause list shows names of Sri Dinesh Kumar Sharma and Sri Arshad Hafeez Khan also as counsel for the applicant, they are not present in the Court. Heard Sri Sunil Kumar Singh, the learned counsel for the applicant, Shri Manish Vikram Singh Chauhan, 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.0747 of 2025, under Sections 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station-Kotwali, District- Barabanki. 3. The gang chart mentions involvement of the applicant in eight criminal cases, although only two of those have been made the basis of imposition of Gangster Act on the applicant. The applicant has been granted bail in both the cases, which formed the basis of his implication under the Gangster Act. The applicant's involvement in two cases has been shown in para 6 of the application filed in support of the bail application, in which he has been granted bail. The applicant's involvement in six other criminal cases has been disclosed by filing a supplementary affidavit, in all of which 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 Versus Counsel for Applicant(s) : Dinesh Kr. Sharma, Arshad Hafeez Khan, Sunil Kumar Singh Counsel for Opposite Party(s): G.A. Mohd. Azeem .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. .....Opposite Party(s) 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. has opposed the prayer for bail an he has submitted that the investigation of the case is still going on. 6. 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 01.08.2025. 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. Azeem 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 Ram. BAIL No. 9120 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench