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

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

What the court decided

AI extract

Outcome

Release of the applicant Kaleem 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: (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (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.

Issue for consideration

Whether the applicant Kaleem — shown in the gang chart as involved in six cases, with involvement disclosed in 36 further cases, bail having been granted in all of them, and languishing in jail since 15.08.2023 — should be released on bail in Case Crime No. 291 of 2023 under Section 2/3 of the U.P. Gangster and Antisocial Activities (Prevention) Act, 1986, despite the State's opposition.

Court's answer

Considering the facts — bail already granted to the applicant in all six gang-chart cases and in all 36 other disclosed cases, six co-accused already granted bail by coordinate Benches, and the applicant languishing in jail since 15.08.2023 — and without making any observation affecting the merits of the case, the aforesaid facts were held sufficient to make out a case for enlargement of the applicant on bail in the aforesaid crime.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench, Court No. 13 (Subhash Vidyarthi, J.), Order dated 18.8.2025; Neutral Citation 2025:AHC-LKO:48239. Allowed Criminal Misc. Bail Application No. 1528 of 2024 filed by Kaleem seeking bail in Case Crime No. 291 of 2023 under Section 2/3 U.P. Gangster and Antisocial Activities (Prevention) Act, 1986, Police Station Millarea, District Raebareli. The gang chart recorded the applicant's involvement in six cases and disclosed involvement in 36 others, with bail granted in all of them; six co-accused (Kaushal, Kapil, Ramjeevan, Manish Kumar, Ram Prakash and Rajesh Kumar) had already been granted bail by coordinate Benches in Criminal Misc. Bail Application Nos. 13183 of 2023, 13589 of 2023, 683 of 2024, 11367 of 2023, 644 of 2024 and 11915 of 2023; the applicant was languishing in jail since 15.08.2023. The State (through its Additional Government Advocate) opposed the prayer but could not dispute these aspects. Without any observation affecting the merits, the Court held the facts sufficient for enlargement on bail and ordered release on a personal bond and two sureties each in the like amount, conditioned on non-tampering with prosecution evidence, non-pressure on prosecution witnesses, and appearance on every date fixed by the trial court unless exempted.

Neutral Citation No. - 2025:AHC-LKO:48239

Court No. - 13

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1528 of 2024

Applicant :- Kaleem Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sanjay Singh Chauhan,Alok Kumar Mishra,Dilip Kumar Singh Chauhan,Jalaj Kumar Gupta,Mohd Javed

Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Alok Kumar Mishra, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned Additional Government Advocate-I for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.291 of 2023, under Section 2/3 U.P. Gangster and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Millarea, District Raebareli.

The gang chart mentions involvement of the applicant in six cases, in all of which he has been granted bail. The applicant's involvement in 36 other cases has been disclosed, in all of which the applicant has been granted bail. The co-accused persons Kaushal, Kapil, Ramjeevan, Manish Kumar, Ram Prakash and Rajesh Kumar have already been granted bail by coordinate Bench of this court in Criminal Misc. Bail Application Nos.13183 of 2023, 13589 of 2023, 683 of 2024, 11367 of 2023, 644 of 2024 and 11915 of 2023 respectively.

The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

Having considered the aforesaid facts and circumstances of

the case and keeping in view the fact the applicant is languishing in jail since 15.08.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

Accordingly, this bail application stands allowed .

Let the applicant-Kaleem 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:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses; (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.

(Subhash Vidyarthi, J.)

Order Date :- 18.8.2025 Ram.

Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench