Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:89455 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6968 of 2025 Applicant :- Aalim Opposite Party :- State of U.P. Counsel for Applicant :- Akhilendra Yadav,Brahma Nand Tripathi,Sanidhya Pandey Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard learned counsel for the applicant, Sri Rajeev Kumar Singh, learned AGA for the State-respondents and perused the record.
2. The present bail application under Section 483 B.N.S.S. has been filed on behalf of applicant Aalim, with a prayer to release him on bail in Case Crime No.01 of 2025, under Section 2/3 U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Shikohabad, District Firozabad.
3. It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. In gang-chart three cases have been shown against the applicant. In two cases the applicant has been released on bail. Bail orders have been annexed as Annexure-4 to the bail application. Apart from the cases shown in the gangchart, the applicant has criminal history of one case which has been explained in para 10 of the affidavit filed in support of bail application.
4. It is further submitted that the applicant is not a member or leader or organizer of a gang and he has not abetted or assisted in the activities of a gang as enumerated in clause (b) of Section 2 of the Act. It is further submitted that co-accused Sarik has already been granted bail by this Court vide order dated 19.05.2025 passed in Criminal Misc. Bail Application No.6804. It is next submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The applicant, who is languishing in jail since 01.01.2025, undertakes that he will not misuse the liberty, if granted.
5. Per contra learned A.G.A. has opposed the prayer for bail of the applicant.
6. Upon considering the totality of facts, nature and the evidence reflected from record and also taking into
consideration the provision of Section 19(4) of the Act and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed.
7. Let applicant, Aalim, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions: (i) 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. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C. (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 the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 26.5.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad