Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 26573 (ALL)

CHHOTE KHAN ALIAS HAKKAT v. STATE OF U.P

BAIL/7698/2025 · 2025-08-05

Avnish Saxena

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:133095 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7698 of 2025 Applicant :- Chhote Khan Alias Hakkat Opposite Party :- State Of U.P Counsel for Applicant :- Mohd Qasim Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Sri Afjal Husain, learned Advocate holding brief of Sri Mohd. Qasim, counsel appears for the applicant submits that the supplementary affidavit has been filed through e-mode. 2. The present bail application has been moved by the applicant accused Chhote Khan Alias Hakkat for the offence punishable under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 in Case Crime No.01 of 2025, Police Station Anoopshahr, District Bulandshahar. 3. Learned counsel for the accused-applicant, contends that the accused is on bail in the cases shown in the gang chart and in criminal history. He further submits that in paragraph 4 of the supplementary affidavit, it is specifically mentioned that the accused applicant is 73 years of age and bail orders of 8 cases shown against him could not be made available. He is incarcerated since long. As such, he prays that the accused/applicant be enlarged on bail. 4. Learned A.G.A. has opposed the prayer for bail and submitted that the accused-applicant is a habitual offender and does not deserve bail, but conceded that the criminal history is explained. 5. This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 6. The criminal history and the nature of offences mentioned in the criminal history has been considered. The record prima facie reveals that there are two cases mentioned in the gang chart, wherein, the accused is on bail. In the criminal history, 27 cases are mentioned and in all the cases the accused is on bail, duly explained in the bail application and supplementary affidavit. There is nothing on record to show that the accused- applicant has interfered in the investigation or influenced the witnesses. He is in jail since 01.01.2025. 7. Hence, without touching merit of the case, the bail application is allowed. 8. The accused/applicant 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 court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. Order Date :- 6.8.2025 Mini (Avnish Saxena,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad