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2025 DAILYLAW 175169 (ALL)

ARVIND KUMAR GAUTAM @ CHHOTU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/12518/2025 · 2025-12-12

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12518 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. Learned counsel for accused-applicant, while pressing the bail application, submits that in the gang chart, only one case has been shown against the applicant. In that case, applicant has already been enlarged on bail. The bail order is on record as Annexure No. 3 to the bail application. Apart from the sole case mentioned in the gang chart, applicant has been made accused in Case Crime Nos.14 of 2025 and 689 of 2025, however, no notice or summon has been received by him and in this regard, specific pleadings have been made in para 7 of the application. It is submitted that co-accused Pramod @ Prem has already been enlarged on bail by this Court vide order dated 16.10.2025 passed in Criminal Misc. Bail Application No. 10092 of 2025. It has been further submitted that applicant is in jail since 13.09.2025 and, if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co-operate in speedy trial of the case. Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant. On due consideration of the facts that the applicant is languishing in jail since 13.09.2025, in the sole case mentioned in the gang chart, he is on bail and has explained the criminal history, so also the bail order of the co- accused Pramod @ Prem, I find it to be a fit case for enlarging the applicant Versus Counsel for Applicant(s) : Dilip Kumar Pandey Counsel for Opposite Party(s) : G.A. Arvind Kumar Gautam @ Chhotu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) on bail on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant- Arvind Kumar Gautam @ Chhotu, involved in Case Crime/FIR No. 134 of 2025 under Section 2/3 of U.P. Gangster Act, 1986, Police Station-Harchandpur, District-Raebareli, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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. (iv) The applicant shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 12, 2025 Vinay/- BAIL No. 12518 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench