Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 20132 (ALL)

KAPIL ALIAS GABBAR v. STATE OF U.P.

BAIL/6530/2025 · 2025-02-24

Subhash Vidyarthi

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6530 of 2025 Applicant :- Kapil Alias Gabbar Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard the learned counsel for the parties and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 574 of 2024, under Section 2 (b) (i)/3 of U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Bita-2, District Gautam Budh Nagar. 3. The gang chart annexed with the F.I.R. mentions the involvement of the applicant in a solitary case namely Case Crime No.347 of 2022, under Sections 395, 412/120-B I.P.C. Police Station Bita-2, District Gautam Budh Nagar, in which a charge sheet has already been submitted on 26.04.2022. It is mentioned in the gang chart itself that the applicant has already been granted bail in the solitary case mentioned in the gang chart. In para 9 of the affidavit filed in support of the bail application the applicant's involvement in another case has been disclosed in which he has been granted bail by the Special Judge SC/ST Act, Bulandshahar on 06.12.2023. 4. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 5. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has already been granted bail in the solitary case mentioned on the gang chart, whereas he is languishing in jail since 10.01.2025 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 6. Accordingly, this bail application stands allowed. 7. Let the applicant-Kapil @ Gabbar be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 25.2.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad