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2026 DAILYLAW 13842 (ALL)

AMEER HAMJA @ SAHAB v. STATE OF U.P.

BAIL/34449/2026 · 2026-10-05

Krishan Pahal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34449 of 2026 Court No. - 68 (Sr. No.15 out of 190) 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 Shyamu Shukla, learned counsel for the applicant, Sri Ram Mohit Yadav, 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.349 of 2026, under Section 2(Kha), (i), (xi), 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station- Khorabar, District- Gorakhpur, 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 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 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 16 cases against the applicant, which has been explained. The applicant is languishing in jail since 2.8.2026. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. On the other hand, learned AGA opposed the prayer for bail. Versus Counsel for Applicant(s) : Shyamu Shukla Counsel for Opposite Party(s) : G.A. Ameer Hamja @ Sahab .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Ameer Hamja @ Sahab, be released on bail in the aforementioned case crime on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. October 6, 2026 Vikas Verma BAIL No. 34449 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad