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2025 DAILYLAW 96655 (ALL)

BALRAM SINGH v. STATE OF U.P.

BAIL/31755/2025 · 2025-09-22

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31755 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Dhirendra Kumar Pal, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 1038 of 2003, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, Police Station - Maudarwaja, District - Farrukhabad, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant was granted bail vide order dated 02.12.2003 and he was cooperating in trial but inadvertently on 06.06.2013, he could not attend the court, as such, non- bailable warrant was issued against him. The applicant after learning about the said process, has surrendered before court on 17.07.2025. 5. Learned counsel has also stated that the applicant in the predicate offence is on bail. There is no likelihood of conviction in the instant case. The applicant is languishing in jail since 17.07.2025, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 6. 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. 7. Considering the facts and circumstances of the case, submissions made by Versus Counsel for Applicant(s) : Dhirendra Kumar Pal Counsel for Opposite Party(s) : G.A. Balram Singh .....Applicant(s) State of U.P. .....Opposite Party(s) learned counsel for the parties, nature of offence, severity of punishment and without expressing any opinion on the merits of the case, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 8. Let the applicant- Balram Singh, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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 23, 2025 Siddhant BAIL No. 31755 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad