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2025 DAILYLAW 167474 (ALL)

RAJU @ LALMANI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/9294/2025 · 2025-09-25

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9294 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Dilip Mishra, the learned counsel for the applicants, Sri Ashok Kumar Srivastava, 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.85 of 2025, under Sections 2/3 of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station- Mandhata, District- Pratapgarh. 3. The gang chart mentions involvement of the applicants in two cases, in both of which the applicants have been granted bail. The applicants are not involved in any other case. 4. In the affidavit filed in support of bail application it has been stated that the applicants are innocent and they have been falsely implicated in the present case. It has also been stated in the affidavit filed in support of the bail application that the applicants are neither leader nor member of any gang. 5. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 6. Prima facie it appears that the applicants have been implicated in the present case merely because they have a criminal history and the applicants are languishing in jail since 18.07.2025. There appears to be no reasonable ground for prima facie believing that the applicants are guilty 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 Versus Counsel for Applicant(s) : Dilip Mishra Counsel for Opposite Party(s) : G.A. Raju @ Lalmani And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 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 applicants are entitled to be released on bail. 10. Accordingly, the bail application is allowed. 11. Let the applicants- Raju @ Lalmani and Tikku 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 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 -Amit K- BAIL No. 9294 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench