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2025 DAILYLAW 175723 (ALL)

YASH MOHAMMAD @ BHUWAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO.

/11789/2025 · 2025-12-12

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11789 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. Supplementary affidavit filed by learned counsel for the applicant is taken on record. Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in four case mentioned in the gang chart. In that case, he has been released on bail. The bail orders are on record to the bail application as well as to the supplementary affidavit. Apart from the those cases mentioned in the gang chart, there is no other case pending against the accused applicant. Learned counsel for the applicant submits that the co-accused persons Jitendra Kumar @ Sargam and Dharamprakash have been enlarged on bail by this Court vide orders dated 06.11.2025 and 12.11.2025 passed in criminal misc. bail application No. 10174 of 2025 and 10517 of 2025. Learned counsel for the applicant seeks parity with the orders of the co- accused. It has been further submitted that applicant is in jail since 02.05.2025 and if facility of bail is granted, there is no apprehension that he will flee from the Versus Counsel for Applicant(s) : Sachin Kumar Yadav, Aaqib Haider, Amit Jaiswal Counsel for Opposite Party(s) : G.A. Yash Mohammad @ Bhuwar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s) 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 to the bail order of co-accused Jitendra Kumar @ Sargam and Dharamprakash, the fact that in the cases mentioned in the gang chart, he has been enlarged on bail; apart from those cases, there is no other case pending against the applicant and the applicant is languishing in jail since 02.05.2025, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Yash Mohammad @ Bhuwar, involved in Crime No. 236/2025, U/S. 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. - Kotwali City, District-Pratapgarh, be released on bail in the aforementioned case 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. BAIL No. 11789 of 2025 2 December 12, 2025 R.C. BAIL No. 11789 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench