Allowed¶12

Gagan Rajpoot v. State of U.P.

Allahabad HC6 May 2025BAIL/13236/2025

Case brief

AI extract

What is this about?

Allahabad High Court, Court No. 68; Criminal Misc. Bail Application No. 13236 of 2025; Gagan Rajpoot v. State of U.P.; U.P. Gangsters Act s.3(1); s.19(4) considered; s.483 BNSS; s.313 Cr.P.C.; gang-chart; bail allowed with conditions; Ashutosh Srivastava, J.; order dated 07.05.2025; P.S. Charkhari, District Mahoba; custody since 01.01.2025.

What did the court decide?

Applicant Gagan Rajpoot released on bail in Case Crime No. 20 of 2025 on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned, subject to the conditions in paragraphs 14 to 18; breach of conditions to be a ground for cancellation of bail. ¶12

Gagan Rajpoot Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether applicant Gagan Rajpoot should be released on bail in Case Crime No. 20 of 2025 under Section 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, during pendency of the trial.

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Court's answer

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

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Ratio / Principle

The applicant is to be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.

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Key takeaways

Bail is subject to conditions: no inducement, threat or promise to dissuade any person from disclosing facts or tampering with evidence; no pressurising or intimidating prosecution witnesses; personal presence at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.; undertaking not to seek adjournments on evidence dates when witnesses are present; presence on each fixed date personally or through counsel; breach of conditions to be a ground for cancellation of bail.ratio¶14
Anything said in the order is limited to the determination of the bail application and is not an expression on the merits; the trial court remains absolutely free to arrive at its independent conclusions on the evidence.obiter¶20

Detailed headnote1 paragraphs

Bail under Section 483 BNSS read with Section 19(4) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 granted to applicant in Case Crime No. 20 of 2025 (Section 3(1) of the Act), P.S. Charkhari, District Mahoba. Four cases shown in the gang-chart with bail already granted by orders dated 23.04.2024, 23.04.2024, 19.04.2022 and 24.09.2024; applicant in jail since 01.01.2025; A.G.A. pointed out no other case. Bail allowed on personal bond and two sureties with conditions against tampering/intimidation and requiring presence at trial stages; observations confined to bail determination, merits left open. Neutral Citation: 2025:AHC:74516.

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Neutral Citation No. - 2025:AHC:74516

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13236 of 2025

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Applicant :- Gagan Rajpoot Opposite Party :- State of U.P. Counsel for Applicant :- Nand Kishor Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri Nand Kishor Mishra, learned counsel for the applicant, Sri Ajay Kumar Singh, learned A.G.A. and perused the record of the case.

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The present bail application under Section 483 BNSS has been filed on behalf of applicant Gagan Rarjpoot , with a prayer to release him on bail in Case Crime No. 20 of 2025, under Section 3 (1) Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station Charkhari, District Mahoba, 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, four criminal cases has been shown against the applicant, in which applicant has been enlarged on bail by court below, vide orders dated 23.04.2024, 23.04.2024, 19.04.2022 and 24.09.2024 respectively.

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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 cases. 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 applicant, but has not pointed out any other case against the applicant except the cases shown by learned counsel for the

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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, Gagan Rajpoot 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 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 :- 7.5.2025 v.k.updh.

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Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad

Gagan Rajpoot v. State of U.P.

Case brief

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Gagan Rajpoot v. State of U.P.

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