SAIF @ BADSHAH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
/9163/2025 · 2025-09-23
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166723 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166723 (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. - 9163 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Rakesh Kumar Mishra, learned counsel for the applicant, Shri Manish Kumar Pandey, 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.165 of 2025, under Section 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Baddupur, District Barabanki. 3. The gang chart shows involvement of the applicant in seven cases although only one case has been made the basis of imposition of Gangsters Act on the applicant. The applicant has been granted bail in the solitary case that has formed the basis of imposition of Gangsters Act. The applicant's involvement in 5 others cases has been disclosed in the affidavit, in four of which he has been granted bail and in the fifth case his name is not included in the charge sheet. 4. Although the gang chart shows involvement of the applicant in total of 7 cases, as per the instructions provided by the learned A.G.A., the applicant's is involved in only 5 cases other than the case mentioned in the gang chart, in all of which he has already been explained by the applicant. 5. 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 Versus Counsel for Applicant(s) : Rakesh Kumar Mishra, Abhay Dwivedi, Shri Prakash Pandey, Vijay Prakash Singh Counsel for Opposite Party(s) : G.A. Saif @ Badshah .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s)
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. 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 case merely because he has a criminal history. 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- Saif @ Badshah 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 23, 2025 S. Shivhare BAIL No. 9163 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench