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2025 DAILYLAW 48438 (ALL)

SANDEEP KUMAR GAUND v. STATE OF U.P.

BAIL/13694/2025 · 2025-08-03

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130747 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13694 of 2025 Applicant :- Sandeep Kumar Gaund Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Chowdhury Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Rajkiran Chaudhary, Advocate holding brief of Sri Rajiv Chowdhury, learned counsel for the applicant, Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record. 4. By means of the present bail application, the applicant seeks bail in Case Crime No. 39 of 2025, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station- Raja Talab, District- Varanasi, during the pendency of trial. 5. It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act have been launched against the applicant on the basis of four criminal cases shown in the gang chart in which he has already been enlarged on bail by the court concerned. The details of criminal cases have been mentioned in paragraph 5 to the affidavit accompanying the bail application. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. Learned counsel has further stated that there is a criminal history of 4 cases against the applicant, which has been explained in paragraph 3 of the supplementary affidavit filed today. The applicant is languishing in jail since 15.02.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. On the other hand, learned State Law Officer opposed the prayer for bail. 7. Without expressing any opinion on the merits, the bail application is allowed. Let the applicant- Sandeep Kumar Gaund, involved in aforementioned 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 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. 8. 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. Order Date :- 4.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad