Sushil vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Sushil vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Sushil on bail 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-tampering with evidence, non-intimidation of prosecution witnesses, appearance before the trial court on fixed dates), with breach constituting a ground for cancellation and verification of identity, status and residence proof before acceptance of bonds.

Issue for consideration

Whether the applicant Sushil is entitled to bail in Case Crime No. 154 of 2025 under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Panwadi, District Mahoba, during the pendency of trial.

Court's answer

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

Ratio / Principle

Release is subject to conditions: (i) the applicant shall not tamper with evidence during trial; (ii) shall not pressurise/intimidate prosecution witnesses; (iii) shall appear before the trial court on dates fixed; breach of any condition shall be a ground for cancellation of bail, and identity, status and residence proof of the applicant and sureties is to be verified before bonds are accepted.

Key takeaways

Bail was granted by this Court without expressing any opinion on the merits of the case.obiter¶13

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J.), Criminal Misc. Bail Application No. 29046 of 2025, decided September 15, 2025: Bail allowed to applicant Sushil in Case Crime No. 154 of 2025 under Section 3(1), U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Panwadi, District Mahoba, during pendency of trial. Counsel argued that the Gangsters Act prosecution rests on two gang-chart cases in both of which the applicant had already been enlarged on bail, that he was falsely implicated owing to police rivalry, is not a member of any gang, and that his five-case criminal history stands explained; in custody since 31.07.2025. Learned A.G.A. opposed the prayer. Without expressing any opinion on the merits, the Court allowed bail on a personal bond and two sureties each in the like amount, imposing conditions that the applicant shall not tamper with evidence, shall not pressurise/intimidate prosecution witnesses, and shall appear before the trial court on dates fixed; breach of any condition to be a ground for cancellation, with identity, status and residence proof of the applicant and sureties to be verified before bonds are accepted.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 29046 of 2025

Sushil

.....Applicant(s)

	Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Rachana Yadav, Ramanuj Yadav
Counsel for Opposite Party(s)	: G.A.

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Ramanuj Yadav, learned counsel for the applicant, Sri V.K.S. Parmar, 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.154 of 2025, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station- Panwadi, DistrictMahoba, 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 two 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 11 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. The criminal history of five cases assigned to the applicant stands explained. The applicant is languishing in jail since 31.07.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail.

On the other hand, learned A.G.A. opposed the prayer for bail.

Without expressing any opinion on the merits, the bail application is

BAIL No. 29046 of 2025

2

allowed . Let the applicant- Sushil, involved in aforementioned case 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 with the following conditions that :-

(i) The applicant shall not tamper with evidence during trial.

(ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

(iii) The applicant shall appear before the trial court on the date fixed.

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.

(Krishan Pahal,J.)

September 15, 2025

(Ravi Kant)

Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad