NISHANT KUMAR @ GUDDU AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME LKO.
BAIL/10471/2025 · 2025-12-01
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[ 2025 DAILYLAW 177784 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177784 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10471 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the applicants as also the learned A.G.A. for the State and perused the record. 2. This application has been filed by the applicants seeking bail in Case Crime No. 195 of 2025 under Section 2/3, U.P. Gangsters an Anti Social Activities (Prevention) Act, 1986, P.S. Sareni, District Raebareli. 3. The gang chart mentions involvement of the applicant in two cases, in both of which he has been granted bail. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has 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 a leader nor member of any gang. It has been also alleged that on similar charges co-accused Saddam, Kailash alias Kailash Nat and Moharram Ali have been granted bail by a coordinate Benches vide orders dated 31.10.2025, 19.11.2025 and 21.11.2025 in Criminal Misc. Bail Application Nos. 10563 of 2025, 10913 of 2025 and 11006 of 2025. 5. The learned A.G.A. Sri Ajai Kumar Agnihotri has opposed the prayer for bail but he does 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 criminal history. There appears to Versus Counsel for Applicant(s) : Sunil Dixit Counsel for Opposite Party(s) : G.A. Nishant Kumar @ Guddu And Another .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s)
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 applicant's conviction is imprisonment for two years. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicants have been implicated in the present case merely because they have criminal history; that there appears to be no reasonable ground for prima facie believing that the applicants are guilty of the offence alleged, and the co-accused have been granted bail, I am of the view that the applicants are also entitled to be granted bail on the ground of parity. 9.
9. Accordingly, this bail application stands allowed. 10. Let the applicants- Nishant Kumar alias Guddu and Govind alias Govindra be released on bail in the aforesaid F.I.R./Case Crime Number on each of them 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 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. December 1, 2025 A.Nigam BAIL No. 10471 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench