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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12972 of 2026 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Mohd. Naushad, learned counsel for the applicants and Sri Shiv Dutt Shukla, learned AGA for the State-respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicants with a prayer to release them on bail in Case Crime No. 188 of 2026, under Section 2/3 of U.P. Gangsters and Antisocial Activities (Prevention) Act, registered at P.S. Kairana, District Shamli during pendency of the trial. 3. It has been argued by the learned counsel for the applicants that applicants are innocent and they have been falsely implicated in this case and they have been languishing in jail since 30.3.2026. It is further submitted that the applicant no.1 is on bail in two cases shown against him in the gang chart and apart from the above, he is having no other criminal history registered against him whereas applicant no. 2 is on bail in two cases shown against him in the gang chart and apart from the above, he is also on bail in another case registered against him . It is further submitted that the applicants undertake that they will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 4. Per contra learned A.G.A. has opposed the prayer for grant of bail to the applicants. Versus Counsel for Applicant(s) : Mohd. Naushad Counsel for Opposite Party(s) : G.A. Meharban And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
5. The applicant no.1 is on bail in two cases shown against him in the gang chart and apart from the above, he is having no other criminal history registered against him whereas applicant no. 2 is on bail in two cases shown against him in the gang chart and apart from the above, he is also on bail in another case registered against him. 6.
Upon considering the totality of facts, nature and the evidence reflected from record and also taking into consideration the provision of Section 19(4) of the Act and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED. 7. Let the applicants- Maharban and Shahid Quraishi involved in the aforesaid case crime be released on bail on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :- (i) The applicants shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer or tamper with the evidence. (ii) The applicants shall not pressurize/intimidate the prosecution witnesses. (iii) The applicants shall remain present in person before the trial court on the dates fixed for: (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (iv) The applicants shall file undertaking to the effect that they shall not seek any unncessary adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. BAIL No. 12972 of 2026 2
9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
April 20, 2026 Abhishek BAIL No. 12972 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad