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2025 DAILYLAW 203154 (ALL)

MAHMOOD HASAN @ MAHBOOB ALAM @ BARGHEY v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.

BAIL/12089/2025 · 2025-12-11

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12089 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 in the gang chart, only one case has been shown against the applicant. In that case, applicant has already been enlarged on bail. The bail order is on record as Annexure No. 3 to the bail application. Apart from the sole case mentioned in the gang chart, applicant has explained the criminal history of 20 other cases in para 8 of the bail application. It has been further submitted that applicant is in jail since 24.07.2025 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. Perused the record. Perusal of the record and the gang chart indicates that the same has been prepared in violation of Rule 5(3)(a) of the U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021, as no joint meeting of the district authorities appears to have been conducted. Prima facie, the applicant appears to have been dragged into this case and falsely implicated. On due consideration of aforesaid, including that the applicant is languishing Versus Counsel for Applicant(s) : Irfan Alam Counsel for Opposite Party(s) : G.A. Mahmood Hasan @ Mahboob Alam @ Barghey .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) in jail since 24.07.2025, in the sole case mentioned in the gang chart, he is on bail and has explained the criminal history, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant-Mahmood Hasan @ Mahboob Alam @ Barghey, involved in Case Crime/FIR No. 203 of 2025 under Section 3(1) of U.P. Gangster Act, 1986, Police Station-Tulsipur, District-Balrampur, be released on bail 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 11, 2025 Vinay/- BAIL No. 12089 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench