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2025 DAILYLAW 75534 (ALL)

BIRJU ALIAS BRIJPAL v. STATE OF U.P.

BAIL/26288/2025 · 2025-07-30

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128796 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26288 of 2025 Applicant :- Birju Alias Brijpal Opposite Party :- State of U.P. Counsel for Applicant :- Brahma Kumar Tiwari,Supriya Mishra Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Sri Brahma Kumar Tiwari, Advocate appears and submits that the accused/applicant has been falsely implicated in Case Crime No.34 of 2025, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Phugana, District Muzaffar Nagar. 2. Learned counsel for the accused-applicant, contends that only one case has been shown against the accused-applicant in the gang-chart, in which he is on bail. Apart from the case shown in the gang chart, applicant has criminal history of one case to his credit, in which he is on bail. As such, he prays that the accused/applicant be enlarged on bail. 3. The prayer for bail has been vehemently opposed by learned A.G.A. However he does not dispute the fact that the applicant has been granted bail in one case mentioned against him in the gang chart and as criminal history. 4. This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 5. The record prima facie reveals that in the case of Arms Act is shown in the gang chart as one case and there is one case of criminal history, the accused is on bail in both the cases. The applicant is in jail since December, 2024. 6. Hence, without touching the merit of the case, the bail application is allowed. 7. The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned. Order Date :- 31.7.2025/Mini (Avnish Saxena,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad