Rahul Jaiswal vs State of U.P.

Neutral Citation No. - 2025:AHC:26058

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1868 of 2025

Applicant :- Rahul Jaiswal Opposite Party :- State of U.P. Counsel for Applicant :- Kavindra Singh,P.K. Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State-Respondents and perused the record.

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The present bail application under Section 439 Cr.P.C. has been filed on behalf of applicant Rahul Jaiswal, with a prayer to release him on bail in Case Crime No. 02 of 2025, under Section 3(1) Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station Vindhamganj, District Sonbhadra, during pendency of the trial.

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It is submitted by learned counsel for the applicant that there is only one case shown shown in the gang chart against applicant, in which case he is already on bail, copy of the the the bail order is annexed as Annexure no.3 to the affidavit. It is specifically mentioned in paragraph 17 that apart from this case, applicant has no criminal history. It is the submission of learned counsel for the applicant that applicant neither the gang leader or organizer or member of the gang and the provision of Gangster Act may not be applicable in the facts and circumstances of the case. It is further submits that similarly circumstanced co-accused namely, Kaushal Kumar @ Kesav Kumar have already been enlarged on bail by this Court vide order dated 7.2.2025 in Criminal Misc. Bail Application No. 2199 of 2025. Applicant is languishing in jail since 2.1.2025 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Per contra, the learned A.G.A. has vehemently opposed the prayer for grant of bail but he could not dispute the aforesaid facts.

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The applicant in the present case has been implicated on the

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basis of the solitary case in the gang chart. It is not in dispute by learned A.G.A. that the applicant has already been enlarged on bail in the solitary case showing in the gang chart. Once the applicant has been enlarged on bail in previous criminal case shown in the gang chart which forms the foundation for lodging of the criminal case under the Gangster Act. This Court see no valid ground to detain the applicant in custody once the applicant has already been enlarged on bail in the case shown in the gang chart.

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Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

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Let the applicant Rahul Jaiswal involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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i. The applicant will not tamper with the evidence during the trial.

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ii. The applicant will not pressurize/intimidate the prosecution witness.

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iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/ or the applicant shall make himself available for interrogation by a police officer as and when required.

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iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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v. 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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vi. The applicant shall not leave India without the previous permission of the Court.

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vii. In the event, the applicant changes his residential address, the applicant shall inform the court concerned about new residential address in writing.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 20.2.2025 Md Faisal

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Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad

Rahul Jaiswal v. State of U.P.

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Rahul Jaiswal v. State of U.P.

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