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2025 DAILYLAW 95746 (ALL)

KAMRAN v. STATE OF U.P.

BAIL/31584/2025 · 2025-09-22

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31584 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Sri Vijay Bahadur, learned counsel for the applicant, Sri Durgvijay Singh, learned Additional Advocate General assisted by Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. By means of the present bail application, the applicant seeks bail in Case Crime No.607 of 2024, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station- Quarsi, District- Aligarh, during the pendency of trial. 4. It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act have been launched against the applicant on the basis of two criminal cases shown in the gang chart in which he has already been enlarged on bail by the court concerned. The details of criminal case have been mentioned in 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 seven cases against the applicant, which has been explained, including one case under the Gambling Act. The applicant is languishing in jail since 9.5.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. On the other hand, learned Additional Advocate General opposed the Versus Counsel for Applicant(s) : Vijay Bahadur Counsel for Opposite Party(s) : G.A. Kamran .....Applicant(s) State of U.P. .....Opposite Party(s) prayer for bail on the ground that no bail order has been filed regarding Case Crime No.277 of 2022, U/s 13 of Gambling Act, P.S. Quarsi, District Aligarh. The said supplementary affidavit indicates his admission that applicant is not on bail in the said case as he has not applied for bail before the court concerned. As such, the applicant is not entitled for bail. 6. After hearing learned counsel for the parties and taking into consideration the fact that applicant is not on bail in the said Case Crime No.277 of 2022, U/s 13 of Gambling Act, P.S. Quarsi, District Aligarh, I do not find it a fit case for grant of bail to the applicant. The bail application is found devoid of merits and is, accordingly, rejected. 7. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 8. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 23, 2025 Vikas Verma BAIL No. 31584 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad