Allowed

Ravi Nagar Alias Ravindra Singh Alias Ravi Kana v. State of U.P.

Allahabad HC1 Dec 2025BAIL/41233/2025

Case brief

AI extract

What is this about?

Allahabad High Court (Ashutosh Srivastava, J., December 15, 2025) allows Criminal Misc. Bail Application No. 41233 of 2025 under Section 483 BNSS in Gangster Act Case Crime No. 306 of 2025 (Ss. 2(b)(i)-(xii), 3, U.P. Gangsters Act 1986), P.S. Beta-2, Gautam Budh Nagar; prior bail in Case Crime No. 2 of 2024 (Crl. Misc. Bail Appn. No. 45867 of 2024, order dated 28.4.2025) where investigation was ba

What did the court decide?

Applicant Ravi Nagar alias Ravindra Singh alias Ravi Kana to be released on bail in Case Crime No. 306 of 2025 on furnishing a personal bond and two reliable sureties of the like amount to the satisfa

Ravi Nagar Alias Ravindra Singh Alias Ravi Kana vs State… — Bail and Remand | Allahabad HC (2025)

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

CRIMINAL MISC. BAIL APPLICATION No. - 41233 of 2025

¶3

Ravi Nagar Alias Ravindra Singh Alias Ravi Kana

¶4

	Versus	.....Ap	plicant(s)
State of U.P.		....	.Opposite Party(s)
Counsel for Applicant(s)	: Ch. Dil Nisar, Chandra Srivastava	Harikesh,	Prakash
Counsel for Opposite Party(s)	: G.A.

¶5

Court No. - 68

¶6

HON'BLE ASHUTOSH SRIVASTAVA, J.

¶7

Heard Shri P. C. Srivastava, learned Senior Counsel assisted by Shri Harikesh Kumar Gupta, learned counsel for the applicant, Shri J. K. Upadhyay, learned AGA along with Shri Pankaj Saxena, learned AGA for the State and perused the record.

¶8

The instant bail application Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant Ravi Nagar Alias Ravindra Singh Alias Ravi Kana, with a prayer to release him on bail in Case Crime No. 306 of 2025, under Section 2(b)(i), 2(b)(iii), 2(b)(viii), 2 (b)(xi), 2(b)(xii) and 3 Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station Beta-2, District Gautam Budh Nagar, during pendency of the trial. The bail application of the applicant before the Court below was rejected by the Special Judge (Gangster Act)/Addl. District & Sessions Judge, 4th, Gautam Budh Nagar vide order dated 25.7.2025 and the applicant is languishing in jail since 5.7.2025.

¶9

Shri P. C. Srivastava, learned Senior Counsel appearing for the applicant has vehemently argued that the present prosecution of the applicant under the Gangster Act giving rise to Case Crime No. 306 of 2025 is malicious inasmuch as the applicant was implicated in another case under the Gangster Act i.e. Case Crime No. 2 of 2024 and sent to Jail on 27.4.2024. This Court vide its detailed order dated 28.4.2025 passed in Crl. Misc. Bail Application No. 45867 of 2024 released the applicant on bail taking note of the Rule 24

¶10

BAIL No. 41233 of 2025

¶11

¶12

of the Uttar Pradesh Gangster and Anti Social Activities (Prevention) Rules, 2021 which provides the period of investigation as six months and in exceptional circumstances for 03 months more but with the approval of the Commissioner of Police and in no case after one year and observing that clearly the investigation in the case had become barred by law as per Rule 24 of the Rules, the rigorous of Section 19 (4)(b) of the Gangster Act would not have any affect on the rights of the applicant. Learned Senior Counsel for the applicant has argued that the FIR giving rise to Case Crime No. 2 of 2024 ceased to exist pursuant to Rule 24 of the U.P. Gangster Rules, 2021. The police concerned maliciously has implicated the applicant in the present FIR giving rise to Case Crime No. 306 of 2025. It is also argued that the police concerned had ample opportunity to impose cases upon the applicant by preparing a supplementary gang chart as no charge sheet had been submitted in Case Crime No. 2 of 2024, but instead proceeded to lodge the instant FIR giving rise to Case Crime No. 306 of 2025. It is submitted that the gang chart of the FIR giving rise to Case Crime No. 306 of 2025 is in clear violation of Rule 7 of Rules, 2021 inasmuch as nowhere it has been mentioned that new crime is being committed by adding new members in the Gang or by a new Gang. It is vehemently submitted that Rule 7 of Rules, 2021 clearly provides that if action has already been taken against a Gang in the past under the Gangster Act and thereafter, a new gang has been formed by the members or gang leader of the earlier gang and after forming a new gang either they have changed their criminal territory or indulging in new criminal activities then they can be again prosecuted by preparing new gang chart.

¶13

It is vehemently submitted that the applicant is not having any gang and neither he is a gang member nor is a gang leader rather is a businessman doing his own business of scrap, saria etc. He is a victim of local enmity with Sunder Bhatti Gang as well as police atrocities as is apparent from the criminal history of the applicant as shown by the police that there was no previous heinous or serious case against him, but only after 2023 at the instance of the then Police Commissioner, Gautam Budh Nagar, the applicant began to be implicated in one after the other heinous and serious cases.

¶14

It is next submitted that criminal antecedents of 15 cases have been

¶15

BAIL No. 41233 of 2025

¶16

¶17

explained in Para 29 of the affidavit filed in support of the bail application.

¶18

Learned Senior Counsel for the applicant has placed reliance upon a decision passed in the case of Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648 , wherein the Hon'ble Supreme Court has observed that pendency of several criminal cases against an accused may itself cannot be a basis for refusal of bail.

¶19

Per contra Shri J. K. Upadhyay, learned A.G.A. vehemently opposed the prayer for bail, but could not controvert the submissions raised by learned Senior Counsel and also could not pointed out any other cases against the applicant except the case shown in the gang-chart.

¶20

Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

¶21

Hence, the present bail application is allowed .

¶22

Let applicant, Ravi Nagar Alias Ravindra Singh Alias Ravi Kana be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions-

¶23

(i) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

¶24

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

¶25

(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S.

¶26

(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are

¶27

BAIL No. 41233 of 2025

¶28

¶29

present in the trial court.

¶30

(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

¶31

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶32

It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

¶33

(Ashutosh Srivastava,J.)

¶34

December 15, 2025

¶35

Ravi Prakash

¶36

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

Ravi Nagar Alias Ravindra Singh Alias Ravi Kana v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ravi Nagar Alias Ravindra Singh Alias Ravi Kana v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Mohammad Rihan vs State of U.P.

Pramod and Another vs State of U.P.

Rizwan vs State of U.P.

Shailendra Vishwakarma vs State of U.P.

Arbind Tiwari vs State of U.P.

Sonu Alias Shakeel vs State of U.P.