Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32786 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri Sudarshan Singh, learned counsel for the applicant, Sri Yagvalkya Pandey, learned AGA for the State-Respondent and perused the record. This bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 1115 of 2010, under Section 2/3 of the U.P. Gangster and Ante-Social Activities (Prevention) Act, Police Station Sahibabad, District Ghaziabad. Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. The applicant is languishing in jail since 08.04.2025. In the aforesaid case, the applicant was granted bail by the Trial Court and after being released on bail the applicant went to Jaipur for earning of his livelihood. Thereafter on several dates he was not able to attend the Trial Court. The Trial Court issued Non Bailable Warrant against the applicant. Thereafter, on 08.04.2025 the applicant surrendered before the Trial Court. The applicant has criminal antecedent of four cases, which has been explained in the affidavit filed in support of the bail application. There is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the aforesaid fact. He submits that the accused-applicant never appeared before the Trial Court even on a single date after release on bail. The applicant has criminal history of three cases and habitual absconder. In none of the case the applicant appeared before the Trial Court as such he Versus Counsel for Applicant(s) : Sudarshan Singh Counsel for Opposite Party(s) : G.A. Mujjamil Husain .....Applicant(s) State of U.P. .....Opposite Party(s)
may not be granted any indulgence by this Court. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima- facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed.
Let the accused-applicant, Mujjamil Husain, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 8, 2025 pks BAIL No. 32786 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad