Allowed

Utkarsh Tiwari v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

Allahabad HC16 Dec 2025/12651/2025

Case brief

AI extract

What is this about?

The High Court allowed the bail application of an applicant accused under the U.P. Gangster Act. The court noted the applicant was already on bail in two other cases mentioned in the gang chart, had no other criminal history, and had been in jail since August 2025. Bail was granted subject to conditions regarding evidence and witness pressure.

What did the court decide?

Bail allowed subject to personal bond, two sureties, and conditions: no tampering with evidence, no pressurizing witnesses, appearance on all dates, and affidavit under Section 19(4) U.P. Gangster Act

Utkarsh Tiwari Vs State of U.P. Thru. Prin. Secy. Deptt… — Bail and Remand | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 12651 of 2025

Utkarsh Tiwari

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko.

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.....Opposite Party(s)

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Counsel for Applicant(s)	: Firoz Ahmad Khan
Counsel for Opposite Party(s)	: G.A.

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Court No. - 15

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HON'BLE KARUNESH SINGH PAWAR, J.

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Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

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Learned counsel for accused-applicant, while pressing the bail application, submits that in the gang chart, two cases have been shown against the applicant. In both the cases, applicant has already been enlarged on bail. The bail order is on record as Annexure Nos. 3 and 4 to the bail application. The offence shown in the base case is triable by a Magistrate. Apart from the cases mentioned in the gang chart, applicant has no other criminal history.

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It has been further submitted that applicant is in jail since 06.08.2025 and, if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co-operate in speedy trial of the case.

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Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant.

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On due consideration of the facts that the applicant has been languishing in jail since 06.08.2025, in the cases mentioned in the gang chart, he is on bail and has no other criminal history, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed.

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Let the applicant- Utkarsh Tiwari, involved in Case Crime/FIR No. 837 of 2025 under Section 3(i) of U.P. Gangster Act, 1986, Police StationPoorakalandar, District-Ayodhya, be released on bail on furnishing a

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BAIL No. 12651 of 2025

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personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial Court.

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(iv) The applicant shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail.

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Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed.

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It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.

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December 16, 2025 Vinay/-

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(Karunesh Singh Pawar,J.)

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Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Utkarsh Tiwari v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

Case brief

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Utkarsh Tiwari v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

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