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2025 DAILYLAW 75409 (ALL)

AMIT GAUTAM ALIAS GOLU AND ANOTHER v. STATE OF U.P.

BAIL/24555/2025 · 2025-07-23

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121626 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24555 of 2025 Applicant :- Amit Gautam Alias Golu And Another Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicants, 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 applicants with a prayer to release them on bail in Case Crime No. 133 of 2025, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, police station Suriyawan, district Bhadohi during the pendency of trial. It is argued by learned counsel for the applicants that according to the gang chart, the applicants are said to have involved in three criminal cases, in which they have already been enlarged on bail, copies of bail orders of the applicants in Case Crime Nos. 46 of 2025 and 99 of 2025 have been brought on record as Annexure Nos. 2 and 3 to the affidavit filed in support of the bail application, copy of bail order of applicant No. 1 in Case Crime No. 44 of 2025 is annexed as Annexure No. S.A.1 to the supplementary affidavit dated 21.07.2025 and copy of bail order of applicant No. 2 in Case Crime No. 44 of 2025 has been brought on record as Annexure No. 4 to the affidavit filed in support of the bail application. They have falsely been implicated in the present case due to ulterior motive. They are 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 applicants are not a previous convict. The applicants are languishing in jail since 26.05.2025 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 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. 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. After considering the submissions of the parties, without expressing any opinion on the merits, the bail application is allowed. Let the applicants-Amit Gautam alias Golu and Shani Gautam, 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 with 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. iv. Identity, status and residential proof of the applicants 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 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 :- 24.7.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad