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2025 DAILYLAW 184244 (ALL)

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

BAIL/10820/2025 · 2025-11-17

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10820 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2. Learned counsel for the applicant submits that two cases are shown against the applicant in the gang chart and in those cases, the applicant has been enlarged on bail, the bail order is annexed as Annexure no. 3 to the bail application. Apart from the said cases in the gang chart, the applicant has criminal history of 10 other cases, which has been explained in paragraph-3 of the supplementary affidavit and he is languishing in jail since 05.08.2025. 3. It is also submitted that the applicant is ready to furnish an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986. 4. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, the fact that in two cases shown in the gang chart, the applicant has been granted bail and apart from the said cases in the gang chart, the applicant has criminal history of 10 cases which has been explained in paragraph-3 of the supplementary affidavit; as also the fact that the applicant is languishing in jail since 05.08.2025 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on Versus Counsel for Applicant(s) : Farooq Ayoob, Km. Pooja Tiwari Counsel for Opposite Party(s) : G.A. Rahul Maurya .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) bail. 7. Let the applicant- Rahul Maurya, involved in Case Crime No. 273 of 2025, under Sections 3(1) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Mahmudabad, District Sitapur, 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. (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 also file an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case 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 269 B.N.S. (vii) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S 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 209 B.N.S. 8. The bail application is allowed accordingly. The bail application is allowed accordingly. November 17, 2025 DiVYa BAIL No. 10820 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench