Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 29915 (ALL)

ABHISHEK @ BUNTY v. STATE OF U.P.

BAIL/23284/2023 · 2025-05-29

Ram Manohar Narayan Mishra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:94093 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23284 of 2023 Applicant :- Abhishek @ Bunty Opposite Party :- State of U.P. Counsel for Applicant :- Kalp Dev Mishra,Pradeep Kumar,Sunil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.172 of 2022, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Sadat, District Ghazipur, during pendency of the trial. It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. According to the gang chart, the applicant is said to have been involved in 03 cases in which he has already been enlarged on bail, copy of the bail orders are annexed as Annexure-3 to the affidavit filed in support of the bail application. The applicant is not a member of any gang. Apart from one case shown in the gang chart, applicant has 26 cases of criminal history, which has been explained in para-8 of the rejoinder affidavit, in which he has been granted bail. There is no prospect of trial of the present case being concluded in near future. Co-accused Vishal Singh has been granted bail in Crl. Misc. Bail Application No. 57628 of 2022. The applicant is languishing in jail since 9.11.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co- operate in trial. Learned A.G.A. has opposed the bail prayer of the applicant. 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 the 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. Let the applicant, Abhishek @ Bunty 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. 1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. 2. The applicant shall cooperate in the trial sincerely without seeking any adjournment. 3. 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 :- 30.5.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad