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2025 DAILYLAW 70658 (ALL)

MUKESH AND ANOTHER v. STATE OF U.P.

BAIL/23133/2025 · 2025-07-27

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:124147 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23133 of 2025 Applicant :- Mukesh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Goswami,Sushila Yadav Counsel for Opposite Party :- G.A.,Ramesh Chandra Agrahari Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rajeev Goswami, learned counsel for the applicants, Sri Ramesh Chandra Agrahari, learned counsel for the predicate offence, Ms. Ifrah Islam, learned State Law Officer for the State and perused the material placed on record. 3. By means of the present bail application, the applicants seek bail in Case Crime No.33 of 2025, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station- Shergarh, District- Mathura, during the pendency of trial. 4. It is argued by the learned counsel for the applicants that the prosecution under the Gangsters Act have been launched against the applicants on the basis of two criminal cases against applicant no.1 and one criminal case against applicant no.2 shown in the gang chart in which they have already been enlarged on bail by the court concerned. The details of criminal cases have been mentioned in paragraph nos.7 and 8 to the affidavit accompanying the bail application. They have been falsely implicated in the present case due to police rivalry. They are not the member of any gang. 5. It is further stated that except the cases mentioned in the gang- chart, the applicants have criminal history of two cases each assigned to them which stands explained. The applicants are languishing in jail since 31.01.2025. In case, the applicants are released on bail, they will not misuse the liberty of bail. 6. On the other hand, learned State Law Officer opposed the prayer for bail. 7. Without expressing any opinion on the merits, the bail application is allowed. Let the applicants- Mukesh and Raj Kumar, involved in aforesaid case crime 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 evidence during trial. (ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicants shall appear before the trial court on the date fixed. 8. 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. Order Date :- 28.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad