Aadesh v. State of U.P.
Case brief
What is this about?
Bail application under the UP Gangsters Act for a case registered at Bulandshahr. Court considered criminal history, nature of evidence and Section 19(4), and granted bail subject to conditions including presence at trial.
What did the court decide?
Applicant Aadesh released on bail on furnishing personal bond and two sureties, subject to stated conditions.
What the court decided
Neutral Citation No. - 2025:AHC:58577
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4177 of 2025
Applicant :- Aadesh Opposite Party :- State of U.P. Counsel for Applicant :- Prayogendra Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Ashutosh Srivastava,J.
Heard Shri Prayogendra Pal Singh, learned counsel for the applicant, Shri Vijendra Kumar Singh, learned AGA for the State-respondents and perused the record.
The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant Aadesh, with a prayer to release him on bail in Case Crime No. 330 of 2024, under Section 2/3 Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station Aurangabad, District Bulandshahr, during pendency of the trial.
It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. Five cases of criminal history have sufficiently been explained.
It is further submitted that the applicant is not a member or leader or organizer of a gang and he has not abetted or assisted in the activities of a gang as enumerated in clause (b) of Section 2 of the Act. Applicant has no criminal history except the aforesaid case. It is next submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The applicant, who is languishing in jail since 17.12.2024 undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Issues for consideration
1 issue framed by the court
Whether the applicant under the UP Gangsters Act should be released on bail during pendency of trial.
Parties & counsel
- applicant
Aadesh
- respondent
State of U.P.
Coram
Ashutosh Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/4177/2025
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