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Neutral Citation No. - 2025:AHC:129671 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26490 of 2025 Applicant :- Balaram Opposite Party :- State of U.P. Counsel for Applicant :- S.P.S. Chauhan,Sukhendra Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Prem Kumar, holding brief of Sri S.P.S. Chauhan,
learned counsel for the applicant and Sri Amit Kumar, learned State Law Officer and perused the record.
3. Applicant seeks bail in Case Crime No. 54 of 2025, under Sections 2/3 of U.P. Gangsters and Anti social Activities (Prevention) Act, Police Station Pali, District Lalitpur, during the pendency of trial.
4. It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act have been launched against the applicant on the basis of one criminal case shown in the gang chart in which he has already been enlarged on bail by the court concerned. The details of criminal case have been mentioned in paragraph no. 7 to the affidavit accompanying the bail application. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. It is further stated that there is no other criminal history of the applicant.
5. There is no criminal history of the applicant. The applicant is languishing in jail since 04.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
6. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
7. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties and without
expressing any opinion on the merit of the case, I find it a fit case to release the applicant on bail. The bail application is allowed.
8. Let the applicant- Balaram, who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed.
9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 1.8.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad