Bachcha Alias Habib v. State of U.P.
Case brief
What is this about?
Allahabad High Court, Criminal Misc. Bail Application No. 36588 of 2025, decided November 3, 2025 by Ashutosh Srivastava, J. Bail allowed under Section 2/3, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 (gangster/gang-chart case), Case Crime No. 01 of 2025, P.S. Mataundh, District Banda; Section 19(4) of the Act considered; Section 2(b) gang membership denial argued; applicant in custody since 02.06.2025; A.G.A. did not oppose; conditions imposed on bail; breach grounds for cancellation; observations limited to bail determination; Prabhakar Tewari v. State of U.P., 2020 (11) SCC 648 cited by counsel on pendency of cases not being a basis for refusal of bail.
What did the court decide?
Applicant Bachcha Alias Habib to be released on bail in Case Crime No. 01 of 2025 on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned, subject to conditions: (i) no inducement, threat or promise to dissuade disclosure or tamper with evidence; (ii) no pressurising/intimidating prosecution witnesses; (iii) personal presence before the trial court on dates fixed for opening of the case, framing of charge and recording of statement; (iv) undertaking not to seek adjournments on evidence dates when witnesses are present; (v) presence before the trial court on each date fixed personally or through counsel. Breach of any condition to be a ground for cancellation of bail.