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2025 DAILYLAW 78237 (ALL)

SANTOSH KUMAR AND ANOTHER v. STATE OF U.P.

BAIL/25526/2025 · 2025-08-11

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136952 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25526 of 2025 Applicant :- Santosh Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1. Heard learned counsel for the applicants as well as learned Additional Government Advocate for the State. 2. The instant bail application has been filed on behalf of the applicants with a prayer to release him on bail in Case Crime No.74 of 2025, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Chhawani, District Basti during the pendency of trial. 3. It is argued by learned counsel for the applicants that according to the gang chart, the applicants is said to have been involved in two criminal cases, in which they have already been enlarged on bail, copy of bail orders has been brought on record as Annexure Nos.3 to the bail application. He further submits that the applicants have falsely been implicated in the present case due to ulterior motive. They not a 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 26.06.2025 and in case, they are enlarged on bail, they will not misuse the liberty of bail. 4. 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 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. 5. Having considered the submissions of the parties, without expressing any opinion on the merits, the bail application is allowed. 6. Let the applicants- Santosh Kumar and Mohd. Afsar, 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 applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. (ii). The applicants shall cooperate in 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 12.8.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad