Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 167395 (ALL)

ATAL BAJPAI AND ANOTHER v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. HOME DEPTT. LKO.

BAIL/9303/2025 · 2025-09-25

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. - 9303 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Himanshu Shukla, learned counsel for the applicants, Shri Satyendra Srivastava, 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.376 of 2025, under Section 2(B)(i)/3 of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Neemgaon, District Lakhimpur Kheri. 3. The gang chart mentions involvement of the applicants in a solitary case, in which they have been granted bail. The applicants are said to be involved in three other cases, in two of which they have been granted bail and in one they have not received any summon. 4. 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 03.05.2025. It has also been stated in the affidavit filed in support of the bail application that the applicants are neither a leader nor member of any gang. 5. The learned A.G.A. has opposed the prayer for bail and he has submitted that the investigation is still going on. 6. Prima facie it appears that the applicants have 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 applicants are guilty Versus Counsel for Applicant(s) : Himanshu Shukla, Lalit Kishore Tiwari Counsel for Opposite Party(s) : G.A. Atal Bajpai And Another .....Applicant(s) State Of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Lko. .....Opposite Party(s) of the offence alleged. 7. The minimum punishment which can be imposed in case of the applicants' conviction is imprisonment for two years. 8. 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. 9. In view of the aforesaid discussion and keeping in view the fact that the applicants have been languishing in jail for about past 5 months and even investigation has not been concluded during this period, 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. 10. Accordingly, the bail application is allowed. 11. Let the applicants- Atal Bajpai and Suraj 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 25, 2025 S. Shivhare BAIL No. 9303 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench