State Of U.P. Thru. Prin. Secy. Home Lko. vs Party(s)

1. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.

2. The present bail application has been filed on behalf of the applicant in Case Crime No.314 of 2025, under Sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali Nagar, District Raebareli, with the prayer to enlarge him on bail.

3. The submissions of learned counsel for the applicant is that the applicant is an innocent person and he has falsely been implicated in the case. It is further submitted that a solitary case has been shown in the gang chart against the applicant and in that case, the applicant is on bail, copy whereof has been annexed as Annexure No.3 to the affidavit filed in support of the bail application. It is further submitted that the applicant's involvement in four other criminal cases has been disclosed in para 7 of the affidavit, in three of which, he has been released on bail and in fourth case, the Investigating Officer has submitted a closure report. It is also submitted that co-accused, namely, Jitendra Rawat has already been enlarged on bail by the Coordinate Bench of this Court vide order dated 12.08.2025 passed in Criminal Misc. Bail Application No. 7486 of 2025.

4. He further stated that in F.I.R., in issue, the allegations with regard to disturbing the public order as also regarding gaining undue temporal, pecuniary, material or other advantage of like nature 2 BAIL No. 9639 of 2025 against the applicant are vague. Further, stated that in absence of allegation concerning an act or omission on the part of an accused, covered by the definition of term "gang" and "gangster" as provided under Section 2 of the Act, no FIR is maintainable. In the instant case, the FIR is based upon the pending criminal case(s) and not upon any new allegation(s) or discovery of fact(s) having serious reflection on the society, for which purpose the Act was enacted.

5. He also stated that the provisions of the Act could not be used as a weapon to wreak vengeance or harass or intimidate citizens or to settle scores on political or other fronts.

6. He stated this case, it appears the District Administration in order to show good work or to win laurels or seek appreciation from the higher authorities of Government or ruling party has invoked the provisions of the Act, which is unjustified.

7. He also stated that considering the facts of the case, as stated above, there are reasonable grounds for believing that the applicant is not guilty of the offence under the Gangsters Act and that he would not commit the offence while on bail. He also submitted that the applicant while on bail would not commit any crime/offence nor would try to tamper the evidence or influence the witnesses in any manner whatsoever it may be.

8. Learned Counsel for the applicant has submitted that applicant is languishing in jail in this matter since 07.01.2025 and there is no apprehension that, if the facility of bail is granted to the applicant, he may flee from the course of law or he will not appear before the Court below, as also the evidence/material available on record is not strong enough to raise a presumption that the applicant is guilty of the offences mentioned in the gang chart.

9.In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial.

10. Learned A.G.A. has opposed the prayer for grant of bail, but has fairly conceded that in the cases mentioned in the gang chart, the applicant is on bail. He also could not dispute that co-accused 3 BAIL No. 9639 of 2025 persons have already been enlarged on bail by this Court.

11. Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances as also the fact that co-accused persons have already been enlarged on bail by this Court as also after taking note of Section 19(4)(b) of the Gangsters Act in light of the facts of the case and submission of counsel for the applicant to the effect that while on bail in this case, the applicant would not commit any crime/offence nor would try to tamper the evidence or influence the witnesses in any manner whatsoever it may be and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.

12. Let applicant- Awadhesh Kumar Yadav be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate witness(es). the prosecution (iv) The applicant shall not commit an offence. (v) The applicant 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 4 BAIL No. 9639 of 2025 Cr.P.C.

13. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. . October 9, 2025 Preeti (Saurabh Lavania,J.) PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

1. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.

2. The present bail application has been filed on behalf of the applicant in Case Crime No.314 of 2025, under Sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali Nagar, District Raebareli, with the prayer to enlarge him on bail.

3. The submissions of learned counsel for the applicant is that the applicant is an innocent person and he has falsely been implicated in the case. It is further submitted that a solitary case has been shown in the gang chart against the applicant and in that case, the applicant is on bail, copy whereof has been annexed as Annexure No.3 to the affidavit filed in support of the bail application. It is further submitted that the applicant's involvement in four other criminal cases has been disclosed in para 7 of the affidavit, in three of which, he has been released on bail and in fourth case, the Investigating Officer has submitted a closure report. It is also submitted that co-accused, namely, Jitendra Rawat has already been enlarged on bail by the Coordinate Bench of this Court vide order dated 12.08.2025 passed in Criminal Misc. Bail Application No. 7486 of 2025.

4. He further stated that in F.I.R., in issue, the allegations with regard to disturbing the public order as also regarding gaining undue temporal, pecuniary, material or other advantage of like nature 2 BAIL No. 9639 of 2025 against the applicant are vague. Further, stated that in absence of allegation concerning an act or omission on the part of an accused, covered by the definition of term "gang" and "gangster" as provided under Section 2 of the Act, no FIR is maintainable. In the instant case, the FIR is based upon the pending criminal case(s) and not upon any new allegation(s) or discovery of fact(s) having serious reflection on the society, for which purpose the Act was enacted.

5. He also stated that the provisions of the Act could not be used as a weapon to wreak vengeance or harass or intimidate citizens or to settle scores on political or other fronts.

6. He stated this case, it appears the District Administration in order to show good work or to win laurels or seek appreciation from the higher authorities of Government or ruling party has invoked the provisions of the Act, which is unjustified.

7. He also stated that considering the facts of the case, as stated above, there are reasonable grounds for believing that the applicant is not guilty of the offence under the Gangsters Act and that he would not commit the offence while on bail. He also submitted that the applicant while on bail would not commit any crime/offence nor would try to tamper the evidence or influence the witnesses in any manner whatsoever it may be.

8. Learned Counsel for the applicant has submitted that applicant is languishing in jail in this matter since 07.01.2025 and there is no apprehension that, if the facility of bail is granted to the applicant, he may flee from the course of law or he will not appear before the Court below, as also the evidence/material available on record is not strong enough to raise a presumption that the applicant is guilty of the offences mentioned in the gang chart.

9.In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial.

10. Learned A.G.A. has opposed the prayer for grant of bail, but has fairly conceded that in the cases mentioned in the gang chart, the applicant is on bail. He also could not dispute that co-accused 3 BAIL No. 9639 of 2025 persons have already been enlarged on bail by this Court.

11. Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances as also the fact that co-accused persons have already been enlarged on bail by this Court as also after taking note of Section 19(4)(b) of the Gangsters Act in light of the facts of the case and submission of counsel for the applicant to the effect that while on bail in this case, the applicant would not commit any crime/offence nor would try to tamper the evidence or influence the witnesses in any manner whatsoever it may be and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.

12. Let applicant- Awadhesh Kumar Yadav be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate witness(es). the prosecution (iv) The applicant shall not commit an offence. (v) The applicant 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 4 BAIL No. 9639 of 2025 Cr.P.C.

13. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. . October 9, 2025 Preeti (Saurabh Lavania,J.) PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench