Allowed¶14

Rakesh v. State of U.P.

Allahabad HC18 Apr 2025BAIL/12688/2025

Case brief

AI extract

What is this about?

Bail allowed under S. 483 BNSS in a U.P. Gangsters Act case (Ss. 2/3, Act 1986), Case Crime No. 01 of 2025, P.S. Farah, District Mathura; applicant Rakesh; S. 19(4) considered; gang-chart showed two cases with applicant on bail; six additional history cases explained via supplementary affidavit; custody since 01.01.2025; conditions incl. appearance under S. 351 BNSS; single bench of Ashutosh Srivastava, J.; order dated 18.4.2025; 2025:AHC:57387.

What did the court decide?

Applicant Rakesh to be released on bail in Case Crime No. 01 of 2025 on furnishing a personal bond and two reliable sureties of the like amount, subject to the conditions enumerated in the order. ¶14

Rakesh vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Applicant Rakesh to be released on bail in Case Crime No. 01 of 2025 on furnishing a personal bond and two reliable sureties of the like amount, subject to the conditions enumerated in the order.

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Issue for consideration

Whether applicant Rakesh should be released on bail in Case Crime No. 01 of 2025 under Sections 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Farah, District Mathura, during pendency of trial.

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Court's answer

On consideration of the totality of facts, nature and evidence on record, and taking into account Section 19(4) of the Gangsters Act, the court found it a fit case for bail, without expressing any opinion on the merits.

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Ratio / Principle

Bail granted subject to the applicant furnishing a personal bond and two reliable sureties of the like amount, with conditions including non-tampering with evidence, non-intimidation of prosecution witnesses, and personal presence before the trial court, including for recording of statement under Section 351 BNSS.

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Detailed headnote1 paragraphs

Allahabad High Court (Ashutosh Srivastava, J.; Neutral Citation 2025:AHC:57387, order dated 18.4.2025) allowed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed by Rakesh in Case Crime No. 01 of 2025 under Sections 2/3 of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Farah, District Mathura. The gang-chart showed two criminal cases in both of which the applicant was already on bail; his further criminal history of six cases was explained in a supplementary affidavit; and the learned AGA pointed out no other case against him. The applicant was in custody since 01.01.2025. Considering the totality of facts and the provision of Section 19(4) of the Act, and without expressing any opinion on merits, the court found it a fit case for bail and directed release on a personal bond with two reliable sureties, subject to conditions including no inducement or tampering, no pressurising of prosecution witnesses, and presence before the trial court including for statement under Section 351 BNSS; breach of conditions to be a ground for cancellation of bail.

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Neutral Citation No. - 2025:AHC:57387

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12688 of 2025

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Applicant :- Rakesh Opposite Party :- State of U.P. Counsel for Applicant :- Deepanshu Jadon Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Supplementary affidavit filed in the Court today is taken on record.

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Heard Shri Deepanshu Jadon, learned counsel for the applicant, Shri Raushan Kumar Singh, learned AGA for the Staterespondents and perused the record.

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The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant - Rakesh with a prayer to release him on bail in Case Crime No. 01 of 2025, under Section 2/3 Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station- Farah, District- Mathura 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. 1, two criminal cases have been shown and in all the cases, the applicant is on bail.

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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 criminal history of six cases except the aforesaid cases and the same are duly explained in the supplementary affidavit. 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 01.01.2025 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

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applicant, but has not pointed out any other case against the 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, Rakesh 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 under Section 351 B.N.S.S.

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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 :- 18.4.2025 Anjali

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Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad

Rakesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rakesh v. State of U.P.

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

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