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2025 DAILYLAW 64525 (ALL)

INDRAJEET YADAV v. STATE OF U.P.

BAIL/18666/2025 · 2025-07-02

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103867 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18666 of 2025 Applicant :- Indrajeet Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- Dharmendra Kumar Shukla,G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the parties. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 741 of 2024, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, police station Khalilabad, district Sant Kabir Nagar, during the pendency of trial. It is argued by learned counsel for the applicant that according to the gang chart, the applicant is said to have been involved in one 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 affidavit filed in support of the bail application. Apart from the aforesaid case, applicant has criminal history of one another case, in which also he is on bail and copy of bail order has been annexed as Annexure No. 5 to the affidavit, averment in this regard has been made in paragraph No. 14 to the 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 is languishing in jail since 05.10.2024 and in case, he is enlarged on bail, he will not misuse the liberty of bail. Per contra, learned Additional Government Advocate as well as learned counsel appearing on behalf of the complainant of the base case (Case Crime No. 434 of 2024) opposed the bail prayer of the applicant by contending that the applicant is member of gang and habitual of committing crime. In case the applicant 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 applicant 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. Having considered the submissions of the parties, without expressing any opinion on the merits, the bail application is allowed. Let the applicant-Indrajeet Yadav, 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 shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses. 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. 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 endevour to conclude the trial of the applicant 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. Order Date :- 3.7.2025/Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad