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2025 DAILYLAW 92796 (ALL)

HASIM HUSAIN AND ANOTHER v. STATE OF U.P.

BAIL/31212/2025 · 2025-09-25

Sanjay Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31212 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard learned counsel for the applicants as well as learned Additional Government Advocate for the State. 2-The instant bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No. 0098 of 2025, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, Police Station Lohamandi, District Agra during the pendency of trial. 3-It is argued by learned counsel for the applicants that according to the gang chart, the applicants are said to have been involved in three criminal cases each, in which they have already been enlarged on bail, copy of bail orders has been brought on record as Annexure No. 4 to the bail application. It is next argued that the applicants have been falsely implicated in the present case due to ulterior motive. The applicants are 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 applicants are not a previous convict. The applicants are languishing in jail since 16.06.2025 and in case they are released on bail, they will not misuse the liberty of bail. 4-Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicants by contending that the applicants are member of gang and habitual of committing crime. In case the applicants are released on bail, they will again indulge in similar anti- social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses. Versus Counsel for Applicant(s) : Uma Dutt Shukla Counsel for Opposite Party(s) : G.A. Hasim Husain And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 5-Having considered the submissions of the parties, without expressing any opinion on the merits, the bail application is allowed. 6-Let the applicants-Hasim Husain and Meesam Husain @ Kasim Husain @ Maseem 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 applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. (ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicants 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. September 26, 2025 Saurabh BAIL No. 31212 of 2025 2 (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad