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Neutral Citation No. - 2025:AHC:119581 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24970 of 2025 Applicant :- Sultan Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 01 of 2025, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, police station Basai Mohammadpur, district Firozabad during the pendency of trial. It is argued by learned counsel for the applicant that in the F.I.R. it is mentioned that the applicant is involved in three criminal cases i.e. Case Crime No. 22 of 2018, under Sections 323, 452, 506 I.P.C., Police Station Basai Mohammadpur, District Firozabad, Case Crime No. 212 of 2023, under Section 379, 411 I.P.C., Police Station Basai Mohammadpur, District Firozabad and Case Crime No. 93 of 2024, under Sections 109, 140(1), 3(5), 308(5) B.N.S. and Section 3/25/27 Arms Act, Police Station Basai Mohammadpur, District Firozabad, but in the gang chart only two cases i.e. Case Crime No. 212 of 2023, under Section 379, 411 I.P.C., Police Station Basai Mohammadpur, District Firozabad and Case Crime No. 93 of 2024, under Sections 109, 140(1), 3(5), 308(5) B.N.S. and Section 3/25/27 Arms Act, Police Station Basai Mohammadpur, District Firozabad, are mentioned. Learned counsel for the applicant submits that in all the cases mentioned in the F.I.R., the applicant is on bail, copy of bail orders
has been brought on record as Annexure No. 3 to the affidavit filed in support of the bail application. He has falsely been implicated in the present case due to ulterior motive. He is not member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 21.07.2024 and in case, he is enlarged on bail, he will not misuse the liberty of bail. Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that the applicant is member of gang and habitual of committing crime.
In case the applicant is released on bail, he 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 applicant is 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. After considering the submissions of the parties, without expressing any opinion on the merits, the bail application is allowed. Let the applicant-Sultan, 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 applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses. ii. The applicant shall cooperate with the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. Identity, status and residential proof of the
applicant and sureties be verified by the court concerned before the bonds are accepted. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 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. Copy of this order be sent to the concerned trial court for necessary information and compliance. Order Date :- 22.7.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad