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2025 DAILYLAW 54700 (ALL)

KALLU v. STATE OF U.P.

BAIL/15406/2025 · 2025-05-13

Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79430 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15406 of 2025 Applicant :- Kallu Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Singh Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. Heard Mr. Satyendra Singh,the learned counsel for applicant and the learned A.G.A. for State and perused the record. This application for bail has been filed by the applicant Kallu seeking his enlargement on bail in Case Crime No. 200 of 2022, under section 3(1) U. P. Gangsters and Anti Social Activities (Prevention) Act, 1986 P.S. Muskera, District- Hamirpur, during the pendency of trial. Learned counsel for the applicant contended that in the gang chart four criminal cases are shown to be pending against applicant. It is further submitted that total seven criminal cases including cases mentioned in the gangchart have been attributed to the applicant. The applicant has been enlarged on bail in some criminal cases. Copies of the bail orders have been annexed with supplementary affidavit. Criminal history has been explained in para-2 of the supplementary affidavit. On the above premise, he submits that the applicant is liable to be enlarged on bail. Applicant undertakes that in case, he is enlarged on bail, he will not misuse the liberty of bail. The applicant is in custody since 27.05.2022.It is further submitted that co-accused Narayan @ Narendra has already been granted bail vide order dated 14.06.2023 passed by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.21115 of 2023. Per contra, the learned A.G.A. has opposed present application for bail. However, he could not dispute the submissions urged by the learned counsel for applicant with reference to the record. Having heard the learned counsel for applicant, the learned A.G.A. for state, upon perusal of material brought on record, nature of offence, evidence, complicity of the accused, accusation made and coupled with the fact that the applicant has already been enlarged on bail in the case shown in the gang chart and pending against him, but without making any comment on merits of the case, the applicant has made out a case for bail. Let the applicant Kallu be released on bail in aforementioned Case Crime Number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:- (i) The applicant will not tamper with prosecution evidence. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. Accordingly, the instant bail application is allowed. Order Date :- 14.5.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad