Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:124129 Court No. - 1 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23877 of 2025 Applicant :- Raghvendra Alias Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J. Heard learned counsel for the applicant and Sri Khitij Pal Singh, learned State Law Officer. This is fourth bail application. This court vide order dated 14.07.2025 has directed the District Judge, Hamirpur to provide status of the trial in Session Trial No. 540 of 2021. Pursuant to that, report was received vide letter dated 26.07.2025 and it is informed that out of twenty five prosecution witnesses, three witnesses have been examined It is contended by the learned counsel for the applicant that applicant that the applicant is wholly innocent and he has been falsely implicated in the present case and applicant is languishing in jail since 16.10.2020. It is next contended that maximum punishment under the provisions of Section 2/3 U.P. Gangster and Anti-Social Activities(Prevention) Act, 1986 is ten years, therefore, applicant is entitled to be enlarged on bail and in case he is enlarged on bail, he will not misuse the liberty of bail. Sri Khitij Pal Singh, learned State Law Officer has opposed the prayer for bail, but could not dispute the aforesaid facts. Considering the long incarceration of applicant in jail and pendency of trial as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the Constitution of India, without expressing any opinion on the merit of the case, let the applicant- Raghvendra Alias Chhotu involved in Special Case No. 540 of 2021, Case Crime No. 122 of 2020, under Section- 2/3 of U.P. Gangster and Anti-Social Activities(Prevention) Act, 1986, Police Station- Lalpura, District-
Hamirpur be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions that:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, and (iv) the applicant shall appear on first Sunday of every month at the Police Station concerned.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 28.7.2025 ADY Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad