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2025 DAILYLAW 90370 (ALL)

TOTARAM v. STATE OF UP THRU ITS PRINCIPAL SECRATARY HOME

BAIL/31710/2024 · 2025-02-27

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28216 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31710 of 2024 Applicant :- Totaram Opposite Party :- State Of Up Thru Its Principal Secratary Home Counsel for Applicant :- Manish Kumar Kashyap,V.P. Singh Kashyap Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri V.P. Singh Kashyap, the learned counsel for the applicant, Sri R.K. Srivastava, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.194 of 2024, under Sections 2/3 of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Patiyali, District Kashganj. 3. The gang chart mentions involvement of the applicant in a solitary case, in which he has been granted bail. The applicant is involved in 13 other cases, in which he has been enlarged on bail. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. 5. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 6. Having considered the aforesaid facts and circumstances of the case and the fact that the applicant has been granted bail in the solitary case mentioned in the gang chart and in the other cases in which he is involved and that the applicant is languishing in jail since 18.04.2024 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Totaram 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 magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 28.2.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad