Allowed¶16

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

Allahabad HC16 Dec 2025BAIL/12651/2025

Case brief

AI extract

What is this about?

Bail granted; Utkarsh Tiwari; CRIMINAL MISC. BAIL APPLICATION No. 12651 of 2025; U.P. Gangster Act 1986 Section 3(i); Case Crime/FIR No. 837 of 2025; Police Station Poorakalandar; District Ayodhya; gang chart; already on bail in both gang-chart cases; in jail since 06.08.2025; personal bond and two sureties; Section 19(4) undertaking on affidavit; U.P. Gangster and Anti Social Activities (Prevention) Act 1986; Allahabad High Court Lucknow Bench; Court No. 15; Karunesh Singh Pawar, J.; December 16, 2025; observations confined to bail application.

What did the court decide?

Release (enlargement) of applicant Utkarsh Tiwari on bail on furnishing a personal bond and two sureties each in the like amount, subject to the imposed conditions. ¶16

Utkarsh Tiwari vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release (enlargement) of applicant Utkarsh Tiwari on bail on furnishing a personal bond and two sureties each in the like amount, subject to the imposed conditions.

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Issue for consideration

Whether the accused-applicant Utkarsh Tiwari, involved in Case Crime/FIR No. 837 of 2025 under Section 3(i) of the U.P. Gangster Act, 1986 (Police Station Poorakalandar, District Ayodhya), should be enlarged on bail notwithstanding the two cases shown against him in the gang chart.

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Court's answer

On due consideration that the applicant has been languishing in jail since 06.08.2025, is on bail in the cases mentioned in the gang chart, and has no other criminal history, the Court found it a fit case for enlarging the applicant on bail.

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Ratio / Principle

The bail application is allowed.

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Key takeaways

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to conditions including that he shall not tamper with the prosecution evidence, shall not pressurize the prosecution witnesses, and shall appear on each and every date fixed by the trial Court.ratio¶20
An additional bail condition requires the applicant to 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 or misuse the liberty of bail.ratio¶24

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 15), Justice Karunesh Singh Pawar, by order dated December 16, 2025, allowed Criminal Misc. Bail Application No. 12651 of 2025 of Utkarsh Tiwari, involved in Case Crime/FIR No. 837 of 2025 under Section 3(i) of the U.P. Gangster Act, 1986, Police Station Poorakalandar, District Ayodhya. Counsel submitted that the gang chart showed only two cases against the applicant, in both of which he was already enlarged on bail (bail orders at Annexure Nos. 3 and 4); the base-case offence was triable by a Magistrate; the applicant had no other criminal history and was in jail since 06.08.2025. The learned A.G.A. opposed bail but did not dispute these factual submissions. Finding it a fit case, the Court ordered release on a personal bond with two sureties each in the like amount, subject to: (i) no tampering with prosecution evidence; (ii) no pressurizing prosecution witnesses; (iii) appearance on every date fixed by the trial Court; and (iv) an affidavit undertaking in terms of Section 19(4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 not to indulge in any case or misuse the liberty of bail. It was clarified that the observations were confined to the bail application and had no bearing on the merits of the trial.

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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.

¶17

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

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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