Aman Gautam @ Aman Singh @ K.K. vs the State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko

Neutral Citation No. - 2025:AHC-LKO:1612

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 204 of 2025

Applicant :- Aman Gautam @ Aman Singh @ K.K. Opposite Party :- The State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko Counsel for Applicant :- Lavkush Yadav,Chandan Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Learned A.G.A. informs that he has procured complete instructions in the matter including up-to-date case diary and charge sheet in this case has also been submitted.

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Heard Shri Lavkush Yadav, learned counsel for the accusedapplicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved on behalf of the applicant/ Aman Gautam @ Aman Singh @ K.K. for grant of bail, in F.I.R./Case Crime No. 0486 of 2023, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 Police Station Vibhuti Khand, District Lucknow, during pendency of trial.

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Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in the twelve criminal cases mentioned in the gang chart. However, in all these twelve criminal cases mentioned in the gang chart, he has been released on bail by competent criminal Courts and copies of the bail orders with regard to these twelve criminal cases have been placed at Annexure Nos. 3 to 14 to the bail application.

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It is further submitted that apart from the above mentioned twelve criminal cases, the applicant is also involved in one other case and in that case also he has been granted bail by the trial court and copy of the bail order has been placed on record as Annexure No.16 to the bail application. Applicant is in jail in this matter since 03.10.2023 and there is no apprehension that, if the facility of bail is granted to the applicant, he may flee from the course of law or will not appear before the court below, as also the evidence/material available on record is not strong enough to raise a presumption that the applicant is guilty

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of the offences mentioned in the gang chart.

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It is also submitted that all the cases mentioned in the gang chart as well as the criminal history of the applicant are triable by Magistrate and are pertaining to minor penal offences and the informant of the instant case has lodged the first information report pertaining to the Gangster Act without having substantive material which may raise any presumption that the applicant is either guilty of the offence mentioned in the gang chart or he will commit the similar offence against if the facility of bail is extended in his favour.

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Learned A.G.A. opposes the prayer for bail, but could not confront the factual submissions made by the learned counsel for the accused-applicant.

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Considering the fact that the applicant has been released on bail in all the case which have been shown in the gang chart as well as otherwise shown as the criminal history of the applicant and nothing has been brought in the knowledge of this Court which may suggest that any of such bail order has been challenged at any higher forum or has been cancelled by the same Court and also having an eye on the period of detention of the applicant already undergone in this case, a case of bail is emerging in favour of the applicant. Thus, the bail application is allowed .

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Let the applicant/ Aman Gautam @ Aman Singh @ K.K. involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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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Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

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Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case.

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Order Date :- 9.1.2025 Praveen

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Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Aman Gautam @ Aman Singh @ K.K. v. the State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko

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Aman Gautam @ Aman Singh @ K.K. v. the State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko

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