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2025 DAILYLAW 36366 (ALL)

HAVALDAR RAM AND ANOTHER v. STATE OF U.P.

BAIL/11323/2025 · 2025-07-13

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:112360 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11323 of 2025 Applicant :- Havaldar Ram And Another Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Since applicant no. 1 Havaldar Ram has already been granted bail by the coordinate Bench of this Court vide order dated 08.04.2025, this Court proceeds to hear the bail application of applicant no. 2 Ram Narayan only. Heard learned counsel for the applicant no. 2, learned Additional Government Advocate for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant no. 2 with a prayer to release him on bail in Case Crime No. 12 of 2025, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, police station Chakiya, district Chandauli during the pendency of trial. It is argued by learned counsel for the applicant no. 2 that according to the gang chart, the applicant no. 2 is said to have involved in 01 criminal case, in which he has already been enlarged on bail, copy of bail order has been brought on record as Annexure No. 3 to the bail application. Apart from the 01 case shown in the gang chart, the applicant no. 2 has been implicated in 01 more case also, in which he has granted bail, copy of the bail order is annexed as Annexure No. SA-2 to the supplementary affidavit filed in support of the bail application. He has falsely been implicated in the present case due to ulterior motive. He is not member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant no. 2 is not a previous convict. The applicant no. 2 is languishing in jail since 21.01.2025 and in case, he is enlarged on bail, he will not misuse the liberty of bail. Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant no. 2 by contending that the applicant no. 2 is member of gang and habitual of committing crime. In case the applicant no. 2 is released on bail, he will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses. Having heard learned counsel for the parties and perusing the record, I find that it is not in dispute that the applicant no. 2 is on bail in base case, on the basis of which, F.I.R. under the U.P. Gangsters and Anti-Social Activities (Prevention) Act has been lodged. The bail application of the applicant no. 2 is hereby allowed. Let the applicant no. 2 - Ram Narayan involved in the aforesaid case 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 with the following conditions that :- i. The applicant no. 2 shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses. ii. The applicant no. 2 shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant no. 2 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. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. The trial Court shall make an endeavour to conclude the trial of the applicants expeditiously without granting any unnecessary adjournments to either of the parties in light of the provisions of Section 12 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. Copy of this order be sent to the concerned trial Court for necessary information and compliance. Order Date :- 14.7.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad