Shanu @ Zuaib Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

Shanu @ Zuaib Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Shanu @ Zuaib on bail in Case Crime No.206 of 2024 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to conditions: (i) not tamper with prosecution evidence; (ii) not pressurize prosecution witnesses; (iii) appear on each and every date fixed by the trial court unless exempted.

Issue for consideration

Whether applicant Shanu @ Zuaib should be released on bail in Case Crime No.206 of 2024 registered under Sections 3(1) of the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986. +1 more

Court's answer

The bail application is allowed: applicant Shanu @ Zuaib is to be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to conditions that he shall not tamper with the prosecution evidence, shall not pressurize the prosecution witnesses, and shall appear on each and every date fixed by the trial court unless his appearance is exempted.

Ratio / Principle

Having considered that the applicant has been granted bail in all the cases mentioned in the gang chart, that he is languishing in jail since 03.07.2023, and that a co-accused has already been granted bail in the present case, the judge held these facts sufficient to make out a case for enlargement of the applicant on bail, expressly without making any observation affecting the merits of the case.

Detailed headnote1 paragraphs

BAIL GRANTED — Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, S. 3(1) — Allahabad High Court (Lucknow Bench), Court No. 13 — Subhash Vidyarthi, J. — Applicant in custody since 03.07.2023; gang chart listed 12 cases in all of which bail had already been granted; co-accused Ayan @ Shoeb had been granted bail in the present case by a Coordinate Bench on 30.04.2025 (Crl. Misc. Bail Application No.3651 of 2025); A.G.A. opposed but did not dispute these aspects. Held: the aforesaid facts sufficient for enlargement on bail, without observation affecting the merits. Bail application allowed; release on personal bond and two sureties each of like amount, subject to conditions (no tampering with prosecution evidence; no pressurizing witnesses; attendance on every trial-court date unless exempted).

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 3518 of 2025

Shanu @ Zuaib

.....Applicant(s)

Versus State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Counsel for Applicant(s) : Mohammad Alishah Faruqi, Azizullah Khan Counsel for Opposite Party(s) : G.A. Court No. - 13

HON'BLE SUBHASH VIDYARTHI, J.

Heard Sri Mohammad Alishah Faruqi, the learned counsel for the applicant, Sri Shikhar Srivastava, learned A.G.A. for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.206 of 2024, under Sections 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Madiyaon, District Lucknow.

The gang chart mentions involvement of the applicant in 12 cases, in which he has been granted bail. The applicant is not involved in any other case.

In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. It has also been stated in the affidavit filed in support of the bail application that the applicant is neither a leader nor member of any gang.

Co-accused Ayan @ Shoeb has been granted bail in the present case by means of an order dated 30.04.2025 passed by a Coordinate Bench of this Court in Crl. Misc. Bail Application No.3651 of 2025.

The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

Having considered the aforesaid facts and circumstances of the case and the fact that the applicant has been granted bail in all the cases mentioned in the gang chart and that the applicant is

BAIL No. 3518 of 2025

2

languishing in jail since 03.07.2023 whereas a co-accused has already been granted bail in the present case and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

Accordingly, this bail application stands allowed .

Let the applicant- Shanu @ Zuaib be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

August 25, 2025

-Amit K-

(Subhash Vidyarthi,J.)

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