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2025 DAILYLAW 186744 (ALL)

SAHIL KHAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. /ADDL. CHIEF SECY. HOME U.P. LKO.

/12274/2025 · 2025-12-08

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12274 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. The present application has been filed by the applicants Sahil Khan and Lalit seeking bail in Crime No. 0008 of 2025 under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Cyber Crime, District Raebareli. Learned counsel for the applicants submits that in the gang chart, one case has been shown against each of the applicants, and in that case, both have already been enlarged on bail. The bail orders of both the applicants have been collectively annexed as Annexure-4 to the bail application. Apart from that case, the applicants have no criminal history. The applicants are in jail since 19.07.2025. Learned counsel for the applicants submits that the co-accused Liyakat Khan has been enlarged on bail by this Court vide order dated 25.11.2025 passed in criminal misc. bail application No.11744 of 2025. The other co- accused persons Narveer Singh, Jal Singh, Sahil and Rasmuddin 1.12.2025, 2.12.2025, 5.12.2025,1.12.2025 have been granted bail by this court as well as by coordinate Bench of this Court. The applicants seek parity with the bail orders of the said co-accused persons. 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 Versus Counsel for Applicant(s) : Vedika Dwivedi, Himanshu Tiwari Counsel for Opposite Party(s) : G.A. Sahil Khan And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Home U.P. Lko. .....Opposite Party(s) 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; apart from that case they have no criminal history; the applicants are languishing in jail since 19.07.2025; and further, the co-accused persons named above have already been granted bail, I find it to be a fit case for enlarging the applicants on bail. Accordingly, the bail application is allowed. Let the applicants, Sahil Khan and Lalit involved in the aforesaid case crime number 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 applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) The applicants 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 applicants 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 applicants 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 BAIL No. 12274 of 2025 2 the liberty of bail. (vi) The applicants 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 applicants 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. December 8, 2025 Madhu D.R/P.S BAIL No. 12274 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench