SACHIN GAUTAM v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
/4950/2025 · 2025-11-26
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DailyLaw.ai
[ 2025 DAILYLAW 185768 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185768 (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. - 4950 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard Ms Anupama Pathak and Sri Soni Yadav learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.0203 of 2024 under Section 2/3 of UP Gangsters and Anti Social Activities (Prevention) Act, Police Station Sangipur, District Pratapgah.
Learned counsel for the applicant submits that in the gang chart, two cases have been shown against the applicant. The bail orders are on record as Annexure-3 and 4 to the bail application. Apart from the said cases, applicant has criminal history of nine other cases in which he has also been enlarged on bail, copy of bail orders are on record as annexure- 8 to 13 of the bail application.
Learned counsel for the applicant submits that the co-accused Vikas Giri @ Baba, who is a gang leader, has been enlarged on bail by this Court vide order dated 30.01.2025 passed in criminal misc. bail application No.876 of 2025, copy of bail order is on record as annexure no.12 of the bail application. Learned counsel for the applicant seeks parity with the
order of the co-accused.
Versus Counsel for Applicant(s) : Ajai Kumar Shukla, Nisha Devi, Rohit Kumar Jayaswal Counsel for Opposite Party(s) : G.A. Sachin Gautam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
It has been further submitted that applicant is in jail since 29.10.2024 and if facility of bail is granted, there is no apprehension that he will 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 to the bail order of co-accused Vikas Giri @ Baba; the fact that in the cases mentioned in the gang chart, he has been enlarged on bail and the applicant is languishing in jail since 29.10.2024, I find it to be a fit case for enlarging the applicant on bail on the ground of parity.
Accordingly, the bail application is allowed on the ground of parity.
Let the applicant Sachin Gautam , be released on bail in the aforementioned case crime number 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 shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial Court.
(iv) 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.
Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed.
BAIL No. 4950 of 2025 2
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 26, 2025 Renu/- BAIL No. 4950 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench