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2025 DAILYLAW 75606 (ALL)

MOHAMMAD NADEEM v. STATE OF U.P.

BAIL/24521/2025 · 2025-07-31

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129741 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24521 of 2025 Applicant :- Mohammad Nadeem Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Sriwastav,Shikha Srivastava Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. The present bail application has been moved by the applicant accused Mohammad Nadeem for the offence punishable under Sections 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 in Case Crime No.84 of 2025, Police Station Nagar, District Basti. 2. Sri Abhishek Srivastava, learned counsel for the accused- applicant, contends that the accused is on bail in the cases shown in the gang chart. He is incarcerated since long. As such, he prays that the accused/applicant be enlarged on bail. 3. Learned A.G.A. has opposed the prayer for bail and submitted that the accused-applicant is a habitual offender and does not deserve bail, but conceded that apart from the cases shown in the gang chart, applicant has no 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 criminal history and the nature of offences mentioned in the criminal history has been considered. The record prima facie reveals that there are two cases mentioned in the gang chart, wherein, the accused is on bail. Apart from the cases shown in the gang chart, applicant has no criminal history, duly explained in the bail application. There is nothing on record to show that the accused-applicant has interfered in the investigation or influenced the witnesses. He is in jail since 25.04.2025. 6. Hence, without touching 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 in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 8. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. Order Date :- 1.8.2025 Mini (Avnish Saxena,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad