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2025 DAILYLAW 89751 (ALL)

AJAY VISHWAKARMA v. STATE OF U.P.

BAIL/29613/2025 · 2025-09-14

Ajay Bhanot

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29613 of 2025 Court No. - 50 HON'BLE AJAY BHANOT, J. Matter is taken up in the revised call. By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 161 of 2024 at Police Station- Gopiganj, District- Bhadohi under Section 3(1) of UP Gangster and Anti Social Activities (Prevention) Act, 1986. The applicant is in jail since 01.08.2025. The bail application of the applicant was rejected by trial court on 11.08.2025. The following arguments made by Shri Anil Mishra, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agarwal, learned AGA-I from the record, entitle the applicant for grant of bail: (1). The applicant has been falsely implicated in this case only to burnish the credentials of the police investigators. Versus Counsel for Applicant(s) : Anil Mishra, Jitendra Kumar Tiwari Counsel for Opposite Party(s) : G.A. Ajay Vishwakarma .....Applicant(s) State of U.P. .....Opposite Party(s) (2). The applicant has been enlarged on bail in the solitary criminal case depicted in the gang chart. (3). He is not a member of any criminal gang. (4). The applicant has explained his criminal history. It is also contended that the applicant has become a soft target and a convenient scapegoat for the police authorities who nominated him in a number of false cases to burnish their professional credentials. The said cases do not have any bearing on the instant bail application. (5). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Ajay Vishwakarma be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement BAIL No. 29613 of 2025 2 rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. September 15, 2025 Jaswant BAIL No. 29613 of 2025 3 (Ajay Bhanot,J.) Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad