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2025 DAILYLAW 82553 (ALL)

VIVEKANAND MALL v. STATE OF U.P.

BAIL/27008/2025 · 2025-08-05

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132893 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27008 of 2025 Applicant :- Vivekanand Mall Opposite Party :- State of U.P. Counsel for Applicant :- Awadh Narayan Tiwari,Santosh Kr. Singh Paliwal Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State. 2-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 65 of 2025, under Sections 2(B)(I), 2(B)(II)/3, 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Thoothibari, District Maharajganj during the pendency of trial. 3-It is argued by learned counsel for the applicant that according to the gang chart, the applicant is said to have been involved in one criminal case, in which he has already been enlarged on bail, copy of bail order has been brought on record as Annexure No. 3 to the bail application. It is next submitted that apart from gang-chart, applicant has a criminal history of one case, in which he has already been enlarged on bail, copy whereof has been annexed as Annexure No. 4 to the affidavit. It is further argued that the applicant has been falsely implicated in the present case due to ulterior motive. The applicant is 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 applicant is not a previous convict. The applicant is languishing in jail since 02.07.2025 and in case he is released on bail, he 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 applicant is released on bail, he 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 applicant-Vivekanand Mall 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 applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. (ii) The applicant 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. 8-The trial Court shall make an endeavour to conclude the trial of the applicant 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. Order Date :- 6.8.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad