Rahees Vs State of Uttar Pradesh through Home Secretary, Lucknow — Allahabad HC (2025) — LawSathi Research

Rahees Vs State of Uttar Pradesh through Home Secretary, Lucknow — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to applicant Rahees in Case Crime No. 299 of 2025 under Section 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Kotwali Dehat, District Bulandshahr; to be released on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the stated conditions (non-intimidation of witnesses, sincere cooperation in trial without adjournments, abstention from criminal activity), with verification of identity, status and residence proof before acceptance of bonds.

Issue for consideration

Whether the applicant Rahees, accused in Case Crime No. 299 of 2025 under Section 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali Dehat, District Bulandshahr, should be released on bail during the pendency of trial.

Court's answer

The bail application is allowed without expressing any opinion on the merits.

Ratio / Principle

The applicant Rahees is to be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Key takeaways

Release is subject to conditions: (i) the applicant shall not tamper with prosecution evidence by intimidating/pressurizing witnesses during investigation or trial; (ii) the applicant shall cooperate in the trial sincerely without seeking adjournments; (iii) the applicant shall not indulge in any criminal activity or commission of any crime after release. Breach of any condition shall be a ground for cancellation of bail, and identity, status and residence proof of the applicant and sureties shall be verified by the court concerned before the bonds are accepted.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J.) allowed a Criminal Misc. Bail Application seeking regular bail in Case Crime No. 299 of 2025 under Section 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali Dehat, District Bulandshahr, without expressing any opinion on the merits. The applicant, in custody since 20.05.2025 and alleged to have been booked on the basis of 2 gang-chart cases in which he was already on bail, was directed to be released on a personal bond with two sureties each in the like amount, subject to conditions of not tampering with prosecution evidence or intimidating witnesses, cooperating in trial without adjournments, and abstaining from criminal activity; breach would be ground for cancellation of bail, with identity, status and residence proof of applicant and sureties to be verified before bonds are accepted.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22322 of 2025

Rahees

.....Applicant(s)

Versus

State Of Uttar Pradesh Through Home Secretary, Lucknow .....Opposite Party(s)
Counsel for Applicant(s) : Adarsh Srivastava, Reena Pal
Counsel for Opposite Party(s) : G.A.

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Ms. Reena Pal, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

By means of the present bail application, the applicant seeks bail in Case Crime No. 299 of 2025, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station-Kotwali Dehat, DistrictBulandshahr, during the pendency of trial.

It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act have been launched against the applicant on the basis of 2 criminal cases shown in the gang chart in which he has already been enlarged on bail by the court concerned. The details of criminal cases have been mentioned in paragraph 6 to the affidavit accompanying the bail application. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. It is further stated that there is no other criminal history of the applicant. The applicant is languishing in jail since 20.05.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail.

On the other hand, learned AGA opposed the prayer for bail.

Without expressing any opinion on the merits, the bail application is allowed. Let the applicant- Rahees , involved in aforementioned case be released on bail on his furnishing a personal bond and two sureties each in

BAIL No. 22322 of 2025

2

the like amount to the satisfaction of the court concerned with the following conditions that :-

i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

September 11, 2025 Karan

(Krishan Pahal,J.)

Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad