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Neutral Citation No. - 2025:AHC:113754 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21339 of 2025 Applicant :- Chandra Mohan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Richa Srivastav,Vikrant Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicants, learned Additional Government Advocate for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No. 171 of 2025, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, police station Barsana, district Mathura during the pendency of trial. It is argued by learned counsel for the applicants that according to the gang chart, applicant no. 1 Chandra Mohan is said to have involved in 03 criminal cases and applicant no. 2 Siyaram is said to have involved in 01 criminal case only. Out of 03 criminal cases, in 02 cases being Case Crime No. 244 of 2021, under Sections 147, 148, 149, 323, 504, 506 IPC, police station Barsana, district Mathura and Case Crime No. 212 of 2024, under Sections 420, 467, 468, 471, 120B, 406 IPC, police station Barsana, district Mathura, the applicant no. 1 has already been enlarged on bail and in 01 case being Case Crime No. 362 of 2024, under Sections 191(2), 191(3), 190, 115(2), 125, 352, 351(2), 333, 117(2) BNS, police station Barsana, district Mathura, final report has been submitted in favour of applicant no. 1. Copies of the bail orders and final report have been brought on record as Annexure Nos. 4 and 5 to the bail application and Annexure No. SA-1 to the supplementary
affidavit
dated
29.06.2025 respectively. They have falsely been implicated in the present case due to ulterior motive. They are not members 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 previous convicts. The applicants are languishing in jail since 10.05.2025 and in case, they are enlarged on bail, they will not misuse the liberty of bail. Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicants by contending that the applicants are members 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. Having heard learned counsel for the parties and perusing the record, I find that it is not in dispute that applicants are on bail in base cases, on the basis of which, F.I.R. under the U.P. Gangsters and Anti- Social Activities (Prevention) Act has been lodged. The bail application of the applicants is hereby allowed. Let the applicants, namely, Chandra Mohan and Siyaram involved in the aforesaid case be released on bail on their 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. 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. 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 applicants and sureties be verified by the court concerned before the bonds are accepted. The trial Court shall make an endeavour to conclude the trial of the applicants 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. Copy of this order be sent to the concerned trial Court for necessary information and compliance. Order Date :- 15.7.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad