RAKESH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
/12103/2025 · 2025-12-04
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 178614 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 178614 (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. - 12103 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary Affidavit filed by learned counsel for the applicants is taken on record. The present application has been filed by the applicants Rakesh and Govind seeking bail in Crime No. 393 of 2024 under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Ramsanehi Ghat, District Barabanki. Heard learned counsel for the accused-applicants and learned A.G.A. for the State as well as perused the record. Learned counsel for the applicants submits that in the gang chart only one case has been shown against applicant no. 1, and in that case he has already been enlarged on bail. The bail order has been filed as Annexure-3 to the bail application. Apart from the said criminal history of a single case, applicant no. 1 has criminal history of six other cases, which he has explained in paragraph 3 of the supplementary affidavit. The bail orders relating to those cases are annexed as Annexure-SA-1 to the supplementary affidavit. It is further submitted that the co-accused, Govind (applicant no. 2), has criminal history of fourteen cases, in all of which he has Versus Counsel for Applicant(s) : Pankaj Kumar, Amrit Kumar Tiwari Counsel for Opposite Party(s): G.A. Rakesh And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
also been granted bail. The details have been explained in paragraph 4 of the supplementary affidavit, and the bail orders are collectively annexed as Annexure-SA-2 to the supplementary affidavit. Except the above, the applicants have no other criminal history. It is also submitted that the applicants are in custody since 12.6.2024, and in case he is granted the facility of bail, there is no apprehension of his fleeing from the course of justice. He undertakes to abide by all conditions that may be imposed by the Court below and to cooperate in the expeditious conclusion of the trial. It is also submitted that the applicants are ready to furnish an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986. 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-applicants.
On due consideration of the facts that, in the case mentioned in the gang chart, the applicants have already been enlarged on bail, and apart from that single case, they have duly explained the criminal history of the other cases in the Supplementary Affidavit; and further considering that the applicant is languishing in jail since 12.06.2024, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicants Rakesh and Govind involved in the aforesaid case crime number be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) the applicant shall not tamper with the prosecution evidence;
BAIL No. 12103 of 2025 2
(ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. 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 4, 2025 Madhu D.R/P.S BAIL No. 12103 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench