Jag Prasad Goud Alias Mulayam vs State of U.P.

Neutral Citation No. - 2025:AHC:76051

Court No. - 88

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10584 of 2025

Applicant :- Jag Prasad Goud Alias Mulayam Opposite Party :- State of U.P. Counsel for Applicant :- Prateek Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ram Manohar Narayan Mishra,J.

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Heard learned counsel for the applicant, learned AGA for the State-Respondents and perused the record.

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The present bail application under Section 483 of BNS has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 56 of 2024, under Section 3(1) Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station Manchi, District Sonbhadra, during pendency of the trial.

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It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. In gang-chart annexed as Annexure No. 2, only one case is shown against the applicant, in which the applicant has already been enlarged on bail and chargesheeet has been prepared.

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Learned counsel for the applicant further submitted that accused/applicant has explained criminal history of four other cases registered against him, apartfrom this case, which are mentioned in paragraph No.10 of the affidavit and he is bailed out in all the cases, which is annexed as Annexure No.4 to this affidavit. He further submitted that in another case being Case

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Crime No.62 of 2024, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955, P.S. Rampur Barkoniya, District Sonbhadra, the accused/applicant has already been released on bail. He is not a absconder.

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Learned cousnel for the applicant further submitted that other co-accused persons namely Chhabinath Alias Chhabi and Santosh Kumar have already been released on bail by a co-ordinate Bench of this Court in their respective bail applications. The copies of bail orders are filed in court today for perusal. The applicant, who is languishing in jail since 20.12.2024, undertakes that he 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.

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Per contra learned A.G.A. does not oppose the prayer for bail of the applicant and could not pointed out any other case against the applicant except the case shown in the gang-chart made by learned counsel for the applicant.

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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.

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Let the applicant, Jag Prasad Goud Alias Mulayam , be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions-

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(i) 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

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the court or to any police officer or tamper with the evidence.

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(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

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(iii) The applicant 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 313 of Cr.P.C.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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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.

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Order Date :- 9.5.2025 Ashish/-

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Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad

Jag Prasad Goud Alias Mulayam v. State of U.P.

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Jag Prasad Goud Alias Mulayam v. State of U.P.

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