Allowed

Sooraj Kumar v. the State of U.P. Thru. Its Prin. Secy. Deptt. of Home Lko.

Allahabad HC3 Jun 2025BAIL/4912/2025

Case brief

AI extract

What is this about?

Sooraj Kumar; CRIMINAL MISC. BAIL APPLICATION No. 4912 of 2025; High Court of Judicature at Allahabad, Lucknow Bench (Court No. 12); Judge Karunesh Singh Pawar; Order Date 3.6.2025; bail allowed under U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Section 3(1); Case Crime No. 08 of 2025; Police Station Bihar, District Unnao; solitary case in gang chart already bailed (Annexure-3);

What did the court decide?

Applicant Sooraj Kumar to be released on bail on furnishing a personal bond and two sureties each in like amount to the satisfaction of the court concerned, subject to conditions (i)-(vii), including

Sooraj Kumar Vs the State of U.P. Thru. Its Prin. Secy. Deptt. of Home Lko. — Allahabad HC (2025) — LawSathi Research

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Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4912 of 2025 Applicant :- Sooraj Kumar Opposite Party :- The State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Mohammad Imaran Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.08 of 2025 under Section 3(1) U.P. gangster (Prevention of antisocial Activities) Act, 1986, Police Station Bihar, District Unnao.

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Learned counsel for the applicant submits that in the gang chart, one case has been shown against the applicant. In that solitary case, the applicant has been enlarged on bail. The bail order is on record as Annexure-3 to the bail application. The applicant is in jail since 9.4.2025.

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It is also submitted that the applicant is ready to furnish an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986.

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It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the submissions advanced, perusal of the record and the facts that the applicant has been enlarged on bail in the solitary case shown in the gang chart, the applicant is in jail since 9.4.2025 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Let the applicant Sooraj Kumar, involved in aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the

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like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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.

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(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 present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall also file an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case or misuse the liberty of bail.

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(vi) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vii) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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The bail application is allowed accordingly.

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Order Date :- 3.6.2025 Madhu D.R/P.S

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Sooraj Kumar v. the State of U.P. Thru. Its Prin. Secy. Deptt. of Home Lko.

Case brief

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Sooraj Kumar v. the State of U.P. Thru. Its Prin. Secy. Deptt. of Home Lko.

Case brief

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