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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31240 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Mohd Aslam, learned counsel for the applicant and Sri Sushil Kumar Shukla, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 197 of 2020, under Sections 2/3 of U.P. Gangsters and Anti social Activities (Prevention) Act, Police Station Sihani Gate, District Ghaziabad, during the pendency of trial. 4. Learned counsel for the applicant has submitted that non-bailable warrant was issued against the applicant on 07.08.2024 and he has surrendered before the court concerned on 02.06.2025. He has not misused the process of law. He inadvertently could not attend the court as he had gone out for job. 5. It is further argued by learned counsel for the applicant that the prosecution under the Gangsters Act have been launched against the applicant on the basis of three criminal cases shown in the gang chart in which he has already been enlarged on bail by the court concerned. The details of criminal cases have been mentioned in paragraph no.7 to the affidavit accompanying the bail application. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. Learned counsel has further stated that there is a criminal history of five cases against the applicant, which has been explained in paragraph no.2 of the supplementary affidavit. Versus Counsel for Applicant(s) : Mohammed Shadan, Mohd. Aslam Counsel for Opposite Party(s) : G.A. Kamil .....Applicant(s) State of U.P. .....Opposite Party(s)
6. The applicant is languishing in jail since 02.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and without expressing any opinion on the merits of the case, I find it a fit case to release the applicant on bail. The bail application is allowed. 9.
Let the applicant- Kamil, who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 12, 2025 Sumit S BAIL No. 31240 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad