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2025 DAILYLAW 178449 (ALL)

AYUSH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO

BAIL/11811/2025 · 2025-12-01

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11811 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant as also the learned A.G.A. for the State and perused the record. 2. The applicant has filed this application seeking bail in Case Crime No. 0244 of 2024 under Section 2/3, U.P. Gangsters an Anti Social Activities (Prevention) Act, 1986, P.S. Sheogarh, District Raebareli. 3. The gang chart mentions involvement of the applicant in a solitary case, in which he has been granted bail. 4. Learned counsel for the applicant has submitted that the co-accused Vishal Kumar alias Nandan has been released on bail by this Court in Criminal Misc. Bail Application No. 11574 of 2025 vide order dated 24.11.2025. 5. 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 applicant is neither a leader nor member of any gang. It is also stated in the affidavit that the applicant has criminal history of one previous case, which has been duly explained in para-9 of the affidavit. 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. Versus Counsel for Applicant(s) : Alok Kumar Mishra Counsel for Opposite Party(s) : G.A. Ayush Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko .....Opposite Party(s) 7. Prima facie it appears that the applicant has been implicated in the present case merely because he has a criminal history. There appears to be no reasonable ground for prima facie believing that the applicant is guilty of the offence alleged. 8. The minimum punishment which can be imposed in case of the applicant's conviction is imprisonment for two years. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated in the present case merely because he has a criminal history; that there appears to be no reasonable ground for prima facie believing that the applicant is guilty of the offence alleged, and the co-accused has been granted bail, I am of the view that the applicant is also entitled to be granted bail on the ground of parity. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Ayush Kumar be released on bail in the aforesaid 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 will not tamper with the prosecution evidence; (ii) the applicant will not pressurize the prosecution witnesses; (iii) the applicant will 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. 11811 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench