SUNIL @ SUNIL KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
/9551/2025 · 2025-10-13
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 200623 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 200623 (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. - 9551 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 in the gang chart, two cases have been shown against the applicant and in both the cases, the applicant has been enlarged on bail. The bail orders are annexed collectively with the affidavit filed in support of the bail application as Annexure no. 3. Apart from two cases, there is a criminal history of 19 other cases against the applicant which has been duly explained by the learned counsel for the applicant in paragraph- 9 of the bail application and in all those cases, the applicant is on bail. 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, as also the period for which the applicant is in jail i.e. since 24.01.2025 as also the fact that the criminal history of 19 cases other than the two cases mentioned in the gang chart, has duly been explained and without expressing Versus Counsel for Applicant(s) : Neeraj Kumar Rawat, Apoorva Jyoti, Ashok Kumar Khare Counsel for Opposite Party(s) : G.A. Sunil @ Sunil Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7.
Let the applicant- Sunil @ Sunil Kumar involved in Case Crime No. 79 of 2025, under Sections 3(1) U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S.Ramsanehighat, District Barabanki 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. October 13, 2025 DiVYa BAIL No. 9551 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench