Abhishek Alias Kalua vs State of U.P.

Neutral Citation No. - 2025:AHC:64006

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1065 of 2025

Applicant :- Abhishek Alias Kalua Opposite Party :- State of U.P. Counsel for Applicant :- Mehul Khare,Saurabh Kesarwani Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard learned counsel for the applicant and Shri S.I.Rai, learned A.G.A.-Ist, and perused the record of the case.

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The present bail application under 483 B.N.S.S. has been filed on behalf of applicant Abhishek @ Kalua with a prayer to release him on bail in Case Crime No. 330 of 2024, under Section 2/3 of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station Aurangabad, District Bulandshahar, 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, two criminal cases has been mentioned in which the applicant is on bail. Criminal history of four cases has been explained in the affidavit filed in support of bail application as well as supplementary affidavit.

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It is further submitted that the applicant is not a member or leader or organizer of a gang and he has not abetted or assisted in the activities of a gang as enumerated in clause (b) of Section 2 of the Act. Applicant has no criminal history except the aforesaid case. It is next submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The applicant, who is languishing in jail since 18.12.2024, 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. has opposed the prayer for bail of the applicant, but has not pointed out any other case against the

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applicant except the cases shown 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 applicant, Abhishek @ Kalua 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 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.

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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 :- 25.4.2025 Deepak/

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Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad

Abhishek Alias Kalua v. State of U.P.

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Abhishek Alias Kalua v. State of U.P.

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