Tushar Alias Nanu vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Tushar Alias Nanu vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the applicant Tushar @ Nanu on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with evidence; no pressurising/intimidating prosecution witnesses; appearance before the trial court on dates fixed), with sureties to be verified before issuance of the release order.

Issue for consideration

Whether the applicant, Tushar Alias Nanu (@ Nanu), should be released on bail in Case Crime No. 63 of 2025 under Sections 2/3 of the U.P. Gangsters and Anti social Activities (Prevention) Act during the pendency of trial.

Court's answer

Without expressing any opinion on the merits of the case, the court found it a fit case to release the applicant on bail and allowed the bail application.

Ratio / Principle

The applicant is 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, subject to conditions: no tampering with evidence, no pressurising/intimidating prosecution witnesses, and appearance before the trial court on dates fixed; breach of any condition shall be a ground for cancellation of bail; sureties to be verified before issuance of the release order.

Key takeaways

Observations made while granting bail shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.ratio¶23

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J.) allowed Criminal Misc. Bail Application No. 30947 of 2025 filed by Tushar Alias Nanu (@ Nanu) seeking bail in Case Crime No. 63 of 2025 under Sections 2/3 of the U.P. Gangsters and Anti social Activities (Prevention) Act, Police Station Kotwali, District Moradabad. The Gangsters Act prosecution was founded on a single case shown in the gang chart in which the applicant had already been enlarged on bail; the State Law Officer, while opposing the application, did not dispute that the applicant had no other criminal history. The applicant, in custody since 08.07.2025, was ordered released on a personal bond with two sureties each in the like amount, subject to conditions of non-tampering with evidence, non-intimidation of prosecution witnesses and appearance before the trial court on fixed dates, breach being a ground for cancellation. Bail was granted without expressing any opinion on the merits, and the observations were made clear not to affect the trial judge's independent assessment of the testimony.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 30947 of 2025

Tushar Alias Nanu

.....Applicant(s)

Versus
State of U.P. .....Opposite Party(s)
Counsel for Applicant(s) : Jitendra Singh
Counsel for Opposite Party(s) : G.A.

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Jitendra Singh, learned counsel for the applicant and Sri Amit Kumar, learned State Law Officer and perused the record.

Applicant seeks bail in Case Crime No. 63 of 2025, under Sections 2/3 of U.P. Gangsters and Anti social Activities (Prevention) Act, Police Station Kotwali, District Moradabad, 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 one criminal case 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 nos 7 and 8 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.

There is no other criminal history of the applicant. The applicant is languishing in jail since 08.07.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned

BAIL No. 30947 of 2025

2

counsel for the applicant and also the fact that the applicant has no criminal history.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and without expressing any opinion on the merits of the case, I find it a fit case to release the applicant on bail. The bail application is allowed .

Let the applicant- Tushar @ Nanu , who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

i) The applicant shall not tamper with the 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.

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

(Krishan Pahal,J.)

September 17, 2025 Sumit S

Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad