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2025 DAILYLAW 65941 (ALL)

ARJUN GIHAR v. STATE OF U.P. AND ANOTHER

BAIL/19743/2025 · 2025-07-24

Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123169 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19743 of 2025 Applicant :- Arjun Gihar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State-respondents. 2. The accused-applicant is involved in Case Crime No.0081 of 2025 under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Kamalganj, District Farrukhabad. 3. Learned counsel for the applicant submitted that in gang chart three criminal cases are attributed to the accused/applicant, in which he has already been released on bail. Copies of gang chart and bail orders are annexed as Annexure Nos.2 and 3 to the accompanying bail application. 4. Apart from that two cases of criminal history has been assigned to the accused/applicant, which is duly explained through supplementary affidavit dated 18.07.2025, and the accused/applicant has already been enlarged on bail in these three cases also. Copies of bail orders are annexed S.A. 1 to the supplementary affidavit. 5. Learned counsel for the applicant further submitted that applicant is held in jail custody since 12.04.2025. Co-accused Asif has already been enlarged on bail by order of this Court in Criminal Misc. Bail Application No.17066 of 2025. There is no material in support of allegation that accused applicant has derived any temporal, physical or economic advantage by indulging in gangsters and anti-social activities. 6. Therefore, the rigour aspect of Section 19(4) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 will not be likely to create a bar on the grant of bail to the present applicant. 7. Learned A.G.A. opposed the prayed for bail, but he did not dispute the factual submissions made by learned counsel for the applicant, which are based on record. 8. Taking into consideration the facts and circumstances of the case but without expressing any opinion on merits, let the applicant Arjun Gihar be released on bail in the aforementioned case crime on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 9. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 10. The bail application is allowed. Order Date :- 25.7.2025 Ashish/- Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad