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2025 DAILYLAW 99773 (ALL)

SHER KHAN v. STATE OF U.P.

BAIL/33236/2025 · 2025-09-24

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. - 33236 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Vijay Pratap Singh, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 155 of 2025, under Sections 2/3 of U.P. Gangsters and Anti social Activities (Prevention) Act, Police Station Ganganagar, District Meerut, 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. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. The criminal history of five cases against the applicant, which has been explained in paragraph no.10 of the affidavit accompanying the bail application. 5. The applicant is languishing in jail since 07.08.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 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. Versus Counsel for Applicant(s) : Vijay Pratap Singh Counsel for Opposite Party(s) : G.A. Sher Khan .....Applicant(s) State of U.P. .....Opposite Party(s) 7. 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. 8. Let the applicant- Sher Khan, 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. 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 25, 2025 Sumit S BAIL No. 33236 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad