Allowed

Ram Bahadur Nishad v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

Allahabad HC1 Dec 2025BAIL/11792/2025

Case brief

AI extract

What is this about?

Allahabad High Court (Lucknow Bench), Brij Raj Singh, J., 01-12-2025; Cr. Misc. Bail Application 11792 of 2025 allowed; bail under U.P. Gangsters Act (S. 2/3(1)), Case Crime No. 25 of 2025, P.S. Haliyapur, Sultanpur; criminal history alone not a ground to refuse bail; no reasonable ground for prima facie guilt; bail on parity with co-accused Rahul Vishwakarma (B.A. No. 8178 of 2025, order dt. 29.0

What did the court decide?

Bail application allowed; applicant to be released on bail in Case Crime No. 25 of 2025 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/cou

Ram Bahadur Nishad Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 11792 of 2025

Ram Bahadur Nishad

.....Applicant(s)

Versus

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

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Counsel for Applicant(s)	: Yaduvansh Mani Singh
Counsel for Opposite Party(s)	: G.A.

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Court No. - 16

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HON'BLE BRIJ RAJ SINGH, J.

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Heard learned counsel for the applicant as also the learned A.G.A. for the State and perused the record.

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The applicant has filed this application seeking bail in Case Crime No. 25 of 2025 under Section 2/3(1), U.P. Gangsters an Anti Social Activities (Prevention) Act, 1986, P.S. Haliyapur, District Sultanpur.

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The gang chart mentions involvement of the applicant in three cases, in all of which he has been granted bail.

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In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. He is in jail since 20.08.20025. It has also been stated in the affidavit filed in support of the bail application that the applicant is neither a leader nor member of any gang. It has been also alleged that on similar charges co-accused Rahul Vishwakarma has been granted bail by a coordinate Bench vide order dated 29.08.2025 in Criminal Misc. Bail Application No. 8178 of 2025.

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The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

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Prima facie it appears that the applicant has been implicated in the present case merely because he has a criminal history. There appears to be no reasonable ground for prima facie believing that the applicant is guilty of the offence alleged.

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The minimum punishment which can be imposed in case of the applicant's conviction is imprisonment for two years.

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Having considered the aforesaid facts and circumstances of the case

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BAIL No. 11792 of 2025

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and keeping in view the fact that the applicant has been implicated in the present case merely because he has a criminal history; that there appears to be no reasonable ground for prima facie believing that the applicant is guilty of the offence alleged, and the co-accused has been granted bail, I am of the view that the applicant is also entitled to be granted bail on the ground of parity.

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Accordingly, this bail application stands allowed .

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Let the applicant- Ram Sevak 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 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, unless his appearance is exempted by the learned trial court.

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(Brij Raj Singh,J.)

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December 1, 2025

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A.Nigam