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2025 DAILYLAW 91008 (ALL)

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

BAIL/30470/2025 · 2025-09-03

Gautam Chowdhary

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30470 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. The present bail application has been filed on behalf of the applicant- Ashish Kumar, with a prayer to enlarge him on bail in Case Crime No. 134 of 2025, under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Pannuganj, District- Sonbhadra, during pendency of trial. 3. The main submissions advanced on behalf of accused is that as per the gang chart one case which has been made the basis to impose the provisions of Gangsters Act against the accused, in which he has already been granted bail. Submission is that the applicant is not a gangster and has never acted or conducted himself as such. Further submission is that as the applicant has already been released on bail in the aforesaid solitary case on the basis of which the provisions of the Act were imposed, it shall not be much justified to continue the incarceration of the applicant. Submission is also that the applicant is not guilty of having committed any offence under the Gangster Act. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is in jail since 18.07.2025. 4. Learned A.GA. for the State has opposed the prayer for bail. Versus Counsel for Applicant(s) : Amit Pandey Counsel for Opposite Party(s) : G.A. Ashish Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed. 6. Accordingly, the bail application is allowed. 6. Let applicant-Ashish Kumar, involved in the above mentioned crime be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 7. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. September 4, 2025 Mustaqeem. BAIL No. 30470 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad