Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 179984 (ALL)

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

/11845/2025 · 2025-11-28

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11845 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. The present bail application has been filed by the applicant in F.I.R./Case Crime No.360 of 2025, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station-Pali, District- Hardoi. It has been submitted by learned counsel for the applicant that out of single case, Gangster Act has been imposed against the applicant in which the applicant has been granted bail vide order dated 20.3.2025 by the court below, which has been brought on record as Annexure-3 to the application. He further submits that there is one more case against the applicant i.e. Case Crime No.484 of 2024 under Sections 115(2), 352, 351(3) of BNS, 2023, P.S. Shahabad, District Hardoi in which he has been granted bail on 21.3.2025 by the court below. A copy of the said order has been filed as Annexure-4 to the application. It is lastly contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 31.10.2025. Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the Versus Counsel for Applicant(s) : Raghunath Prasad Counsel for Opposite Party(s) : G.A. Satyam Batham .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. .....Opposite Party(s) applicant. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. Let applicant-Satyam Batham be released on bail in the aforesaid F.I.R./case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:- (1) 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. (2) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. (3) The applicant will not tamper with the prosecution witnesses. (4) The applicant will not indulge in any illegal activities during the period of bail. (5) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant. November 28, 2025 Sachin BAIL No. 11845 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench