DAYARAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/9224/2025 · 2025-09-25
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166919 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166919 (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. - 9224 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Ms. Seema Kashyap, the learned counsel for the applicant, Sri Angad Kumar Vishwakrma, learned AGA 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. 190/2025, under Sections 2/3 of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Kotwali City, District Pratapgarh. 3. The gang chart mentions involvement of the applicant in 8 cases although only four of those have been made the basis of imposition of Gangster Act. The applicant's involvement in 5 other cases has been disclosed in paragraph-8 of the affidavit filed in support of the application and in all of which the applicant 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 State counsel has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 6. Prima facie it appears that the applicant has been implicated in the present case merely because he has a criminal history. There Versus Counsel for Applicant(s) : Seema Kashyap, Uma Counsel for Opposite Party(s) : G.A. Dayaram .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
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. Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 9. In view of the above, the anticipatory bail application of the applicant is allowed.
In the event of arrest/ appearance of applicant- Dayaram before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. September 25, 2025 Pradeep/- BAIL No. 9224 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench