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2025 DAILYLAW 179724 (ALL)

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

BAIL/10185/2025 · 2025-11-06

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10185 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary affidavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the accused-applicant and learned A.G.A. for the State as well as perused the record. Learned counsel for the applicant submits that in the gang chart, two cases have been shown against the applicant, and in both cases, the applicant has already been enlarged on bail. The bail orders have been brought on record as Annexures-3 and 4 to the bail application. It is further submitted that in the third case shown in the gang chart, the applicant has not been wanted. The charge sheet has also been filed and is annexed as Annexure-5 to the bail application. It is further contended that the applicant has explained the criminal history of three additional cases, the details of which have been given in paragraph 6 of the bail application, and in all those cases, he has already been granted bail. Except for the aforesaid, the applicant has no other criminal history. It has been further submitted that applicant is in jail since 2.9.2025 and if facility of bail is granted, there is no apprehension that he will Versus Counsel for Applicant(s) : Lalji Yadav Counsel for Opposite Party(s) : G.A. Amritlal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko .....Opposite Party(s) flee from the 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 of the facts and circumstances of the case and the facts that in the two cases shown against the applicant in the gang chart, the applicant has already been enlarged on bail, and in the third case, no charge-sheet has been filed against him; the applicant has also explained the criminal history of three other cases in paragraph 6 of the bail application, and in all those cases, he has been granted bail; The applicant is in jail since 02.09.2025 and without expressing any opinion on the merits, I am of the view that the applicant has made out a fit case for being enlarged on bail. Accordingly, the bail application is allowed. Accordingly, the bail application is allowed. Let the applicant, Amritlal involved in Case Crime No.331 of 2025 under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Lalganj, District Pratapgarh, be released on bail on his 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 will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. BAIL No. 10185 of 2025 2 (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) 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. (vi) 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 (Now Section 269 of BNS). (vii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). 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. November 6, 2025 Madhu D.R/P.S BAIL No. 10185 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench