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2025 DAILYLAW 175476 (ALL)

BASIR AHMAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/11539/2025 · 2025-12-01

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11539 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. Heard Shri Kaushalendra K. Tripathi, holding brief of Shri Dharmendra Kumar, learned counsel for the applicant, the learned A.G.A. for the State and perused the record. The present bail application has been filed by the applicant in F.I.R./Case Crime No.08 of 2025, under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Cyber Crime, District- Raebareli. It has been submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the case. Learned counsel for applicant further submits that the co-accused namely, Liyakat Khan has been granted bail by this Court on 25.11.2025 in Criminal Misc. Bail Application No. 11744 of 2025 and case of the applicant stands on identical footing, hence, applicant is also entitled for bail on the ground of parity. Learned counsel for the applicant submits that in the gang chart, one case has been shown against the applicant, and in that case, he has already been enlarged on bail. The specific averment has been made in para 9 of the affidavit of the bail application. There is criminal history of two cases against the applicant, which has been explained in para 8 of the affidavit of the bail application. It is lastly contended that there is no possibility of the applicant of fleeing Versus Counsel for Applicant(s) : Dharmendra Kumar Counsel for Opposite Party(s) : G.A. Basir Ahmad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 03.07.2025. Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the applicant. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. Let applicant- Basir Ahmad be released on bail in the aforesaid F.I.R./case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:- (1) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (2) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. (3) The applicant will not tamper with the prosecution witnesses. (4) The applicant will not indulge in any illegal activities during the period of bail. (5) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant. December 1, 2025/Mohit Singh/- BAIL No. 11539 of 2025 2 Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench