MOHD. HALEEM ALIAS BANARASI AND ANOTHER v. STATE OF U.P.
BAIL/21976/2025 · 2025-07-08
Sanjay Kumar Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 67655 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 67655 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:108727 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21976 of 2025 Applicant :- Mohd. Haleem Alias Banarasi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Kshitij Pal Singh,Shadab Alam Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicants as well as learned Additional Government Advocate for the State. 2-The instant bail application has been filed on behalf of the applicants namely Mohd. Haleem @ Banarasi and Hadish with a prayer to release them on bail in Case Crime No. 136 of 2025, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, Police Station Duddhi, District Sonbhadra during the pendency of trial. 3-It is argued by learned counsel for the applicants that according to the gang chart, the applicants are said to have been involved in one criminal case each, in which they have already been enlarged on bail, copy of bail orders has been brought on record as Annexure No. 4 to the bail application. It is next argued that the applicants have been falsely implicated in the present case due to ulterior motive. The applicants are not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicants are not a previous convict. The applicant no. 1-Mohd. Haleem @ Baarasi is languishing in jail since 20.04.2025 and the applicant no. 2-Hadish is languishing in jail since 13.05.2025 and in case they are released on bail, they will not misuse the liberty of bail. 4-Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicants by contending that the applicants are member of gang and habitual of committing crime. In case the applicants are released on bail, they will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses. 5-Having considered the submissions of the parties, without expressing any opinion on the merits, the bail application is allowed. 6-Let the applicants- Mohd.
Haleem @ Banarasi and Hadish 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 applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. (ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. 7-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. 8-The trial Court shall make an endeavour 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 :- 9.7.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad