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2026 DAILYLAW 979 (ALL)

DEEPAK BADKAREYA KHATIK v. STATE OF U.P.

BAIL/8630/2026 · 2026-04-19

Sameer Jain

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 8630 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Heard Sri Dilip Kumar Goswami, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.262 of 2025, under Sections 2(kha) (1)/3 of U.P. Gangsters and Anti Social Activities Act, 1986, Police Station Badagaon, District Jhansi, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits, on the basis of two cases shown in the gang chart, applicant has been made accused in the present matter. He further submits, applicant is neither member nor leader of any gang and he never indulged in any anti-social activity and in both the cases shown in the gang chart, he has already been released on bail. He further submitted that apart from the cases shown in the gang chart, applicant is not having any criminal history to his credit and in the present matter, he is in jail since 01.10.2025, therefore, he may be released on bail. 4. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 5. I have heard learned counsel for the parties and perused the record of the case. 6. It appears that on the basis of the two cases shown in the gang chart applicant has been made accused in the present case and in both the cases, he has already been enlarged on bail and apart from the cases shown in the gang Versus Counsel for Applicant(s) : Ashish Kumar, Dilip Kumar Goswami Counsel for Opposite Party(s) : G.A. Deepak Badkareya Khatik .....Applicant(s) State of U.P. .....Opposite Party(s) chart, applicant is not having any criminal history and in the present matter, he is in jail since 01.10.2025, therefore, this Court is of the view that it is a fit case to release the applicant on bail. 7. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant - Deepak Badkareya Khatik be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 10. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. April 20, 2026 Mini BAIL No. 8630 of 2026 2 (Sameer Jain,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad