MOHD. HUSSAIN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/10105/2025 · 2025-10-16
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 201857 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 201857 (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. - 10105 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the accused-applicant and learned A.G.A. for the State as well as perused the record.
Learned counsel for the applicant submits that in the gang chart, one case has been shown against the applicant. In the solitary case, the applicant has been enlarged on bail. The bail order is on record as Annexure 3 to the bail application. Apart from the single case shown in the gang chart, there are criminal history of three more cases. The details of three cases has been explained in paragraph 3 of the supplementary affidavit. In two cases he has been granted bail and in the third case the applicant has not received any notice or summon. It has been further submitted that applicant is in jail since 9.9.2025 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 of the fact that the applicant has been languishing in jail since 09.09.2025; that in the solitary case mentioned in the gang chart the applicant has already been enlarged on bail; and that apart from the Versus Counsel for Applicant(s) : Nijam Ahamad Counsel for Opposite Party(s) : G.A. Mohd. Hussain .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s)
said case there are three other cases pending against the applicant, the details whereof have been explained in paragraph 2 of the supplementary affidavit, this Court finds it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant, Mohd. Hussain involved in Case Crime No.0168 of 2025 under Sections 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Alapur, District Ambedkar Nagar, 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 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. (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 229-A of the Indian Penal Code (Now Section 269 of BNS). BAIL No. 10105 of 2025 2
(vii) In case, the applicant 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. October 16, 2025 Madhu D.R/P.S BAIL No. 10105 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench