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2025 DAILYLAW 186989 (ALL)

ABARAR ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. OF U.P. LKO.

BAIL/12193/2025 · 2025-12-05

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12193 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in the two cases mentioned in the gang chart. In both cases mentioned in the gang chart, he has been released on bail. The bail orders are on record as Annexure No. 3 and 4 to the bail application. Apart from the cases mentioned in the gang chart, there are two cases pending against the applicant, in which also he has been enlarged on bail, copy of which are on record as Annexure No. 5 and 6 to the bail application. It has been further submitted that applicant is in jail since 14.02.2025 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 fact that in the cases mentioned in the gang chart as well as in other two cases, he has been enlarged on bail; apart from those Versus Counsel for Applicant(s) : Awadhesh Kumar Pal Counsel for Opposite Party(s) : G.A. Abarar Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. .....Opposite Party(s) four cases, there is no other case pending against the applicant as well as considering the fact that the applicant is languishing in jail since 14.02.2025, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Abarar Ali, involved in Case Crime/FIR No. Case Crime No.- 76 of 2025, Under Section- 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act-1986, Police Station- Pali, District- Hardoi, be released on bail in the aforementioned case 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. 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 5, 2025 R.C. BAIL No. 12193 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench