Sumit Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Sumit Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted: applicant Sumit 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 conditions that he shall not tamper with evidence, shall not pressurise/intimidate prosecution witnesses, and shall appear before the trial court on dates fixed; breach of conditions to be a ground for cancellation of bail; identity, status and residence proof of applicant and sureties to be verified before bonds are accepted.

Issue for consideration

Whether the applicant (Sumit) should be released on bail in Case Crime No. 812 of 2024 under Section 2/3 of the U.P. Gangsters Act (P.S. Kotwali Orai, District Jalaun) during the pendency of trial.

Court's answer

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

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.

Key takeaways

Imposed condition (i): the applicant shall not tamper with evidence during trial.ratio¶16
Imposed condition (ii): the applicant shall not pressurise/intimidate the prosecution witnesses.ratio¶17
Imposed condition (iii): the applicant shall appear before the trial court on the date fixed.ratio¶18

Detailed headnote1 paragraphs

Bail granted without expression of opinion on merits — High Court of Judicature at Allahabad (Hon'ble Krishan Pahal, J.), Criminal Misc. Bail Application No. 32735 of 2025, decided September 23, 2025: applicant Sumit, booked in Case Crime No. 812 of 2024 under Section 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali Orai, District Jalaun, to be released on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with conditions (i) not to tamper with evidence during trial, (ii) not to pressurise/intimidate prosecution witnesses, (iii) to appear before the trial court on dates fixed; breach of any condition to be a ground for cancellation of bail; identity, status and residence proof of applicant and sureties to be verified before bonds accepted. Counsel argued the Gangsters Act prosecution rested on seven gang-chart cases in which the applicant was already enlarged on bail, that he was falsely implicated due to police rivalry with no criminal history, and that he was in jail since 13.08.2024; learned A.G.A. opposed the prayer for bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 32735 of 2025

Sumit

	Versus .....Applicant(s)
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Anil Mishra, Jitendra Kumar Tiwari
Counsel for Opposite Party(s)	: G.A.

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Anil Mishra, learned counsel for the applicant, Sri Arun Kumar Mishra, 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.812 of 2024, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station- Kotwali Orai, DistrictJalaun, 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 seven 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 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 criminal history of the applicant. The applicant is languishing in jail since 13.08.2024. 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 allowed . Let the applicant- Sumit, involved in aforementioned case be

BAIL No. 32735 of 2025

2

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 23, 2025

(Ravi Kant)

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