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2025 DAILYLAW 24635 (ALL)

SHEYSHNATH v. STATE OF U.P.

BAIL/7346/2025 · 2025-03-10

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:35825 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7346 of 2025 Applicant :- Sheyshnath Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Shankar Shukla,Vishvajeet Pandey Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.28 of 2025, under Sections 2(b)(i), 2(b)(xi), 3 (1) U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Chauri Chaura, District Gorakhpur, during pendency of the trial. 3. It is argued by the learned counsel for the applicant that according to the gang chart the applicant is said to have been involved in four criminal cases in which he has already been enlarged on bail in two cases vide orders dated 17.07.2023 and 15.12.2023 (Annexures 3 of the bail application) and in remaining two cases Hon'ble Court already stay the proceeding against the applicant and matter was sent for mediation centre. Learned counsel for the applicant next submits that co-accused Prince Jaiswal has been granted bail by coordinate Bench of this Court by order dated 03.03.2025. Applicant has criminal history which has been explained in the affidavit. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 23.01.2025 and in case he is enlarged on bail he will not misuse the liberty of bail. 4. Learned A.G.A. has opposed the bail prayer of the applicant. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant, Sheyshnath, who is involved in aforesaid case crime, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 11.3.2025/SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad