Javed and Another Vs State of U.P.

Court No. - 88

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15459 of 2025

Applicant :- Javed And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Ram Manohar Narayan Mishra,J.

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Heard Mr. R.K. Shukla, learned counsel for the applicants, learned A.G.A for the State of U.P. and perused the record.

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The present bail application has been filed on behalf of the applicants for seeking enlargement on bail in Case Crime No.48 of 2025, under Sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Narkhi, District- Firozabad.

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The submissions of learned counsel for the applicants is that the applicants are innocent and has been falsely implicated in the case, and applicant No.1 is in jail since 18.12.2024 and applicant No.2 is in jail since 09.01.2025. It is further submitted on behalf of applicants that one case has been shown in the gang chart, registered under Sections 191(2), 351 (2) and Section 3/5/8 of the U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 (1)(I) of Animal Cruelty (Prevention) Act, 1960, Police Station Narkhi, District Firozabad. However, the accused applicants have been enlarged on bail in the said predicate offence and bail order has been annexed as Annexure No.3. In these circumstances, the applicants are entitled for bail. In case of being enlarged on bail, they will not misuse the liberty of bail. Apart from this predicate offence no other criminal case has been registered against them.

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He further submitted that there is nothing on record to

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suggest that accused/applicant has been involved in Gangsters activities nor any involvement in anti-social activities.

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Learned A.G.A. has opposed the prayer for grant of bail, but has fairly conceded that in one case mentioned in the gang chart, applicants are on bail.

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Considering the entire facts and circumstances of the case as well as submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the view that the applicants have made out a case for bail. The bail application is allowed.

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Let the applicant-.Javed and Rahil, who are involved in aforementioned case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial

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Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.

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(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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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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Order Date :- 14.5.2025 Ashish/-

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Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad

Javed and Another v. State of U.P.

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