Allowed

Saddam Husain v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Allahabad HC4 Jun 2025BAIL/5100/2025

Case brief

AI extract

What is this about?

Bail application under the U.P. Gangsters Act for an applicant already granted bail in every case listed in his gang chart and in custody since May 2025. The court found it a fit case for bail without commenting on merits and released him on personal bond with standard conditions including a Section 19(4)(b) undertaking.

What did the court decide?

Applicant to be released on bail on furnishing personal bond and two sureties, with conditions imposed.

Saddam Husain Vs State of U.P. Thru. Prin. Secy. Home… — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:34466

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5100 of 2025

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Applicant :- Saddam Husain Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Pradyumn Shukla 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.0036 of 2025, under Section 3(1) The U.p. Gangster and Anti Social Activities (Prevention) Act 1986, Police Station Qasimpur, District Hardoi.

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Learned counsel for the applicant submits that in the gang chart, five cases (1. FIR No. 12/2013, Section-307 IPC, 2. FIR No. 873/2015, Section-60 Excise Act, 3. FIR No. 278/2015, Section-394, 411 IPC, 4. FIR No. 32/2016, Section-3 (1) UP Gangster Act and 5. FIR No. 460/2023, Section-3/5A/3 Cow Slaughter Prevention Act and 11 (g) Animal Cruelty Act), have been shown against the applicant. In these cases, the applicant have been enlarged on bail. The bail orders are on record as Annexure nos.3 to 7 to the bail application. Apart from these cases, there is one more case, i.e. case crime No.46/2018 under Section 10 U.P. Goonda Act, police Station Satti, District Kanpur in which also the applicant has been enlarged on bail vide order dated 15.6.2018, Annexure-8. The applicant is in jail since 4.5.2025.

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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

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enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. has 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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Having considered the submissions advanced, perused the record, and taken note of the fact that the applicant has already been granted bail in the cases shown in the gang chart as well as in another case mentioned above, and that he has no other criminal antecedents and is in custody since 04.05.2025, without expressing any opinion on the merits of the case, this Court finds it to be a fit case for grant of bail.

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The bail application is allowed.

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Let the applicant Saddam Husain , involved in the aforesaid case crime number, be released on bail on his furnishing a personal bond and two sureties each in the 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 them, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 4.6.2025 Madhu D.R/P.S

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

Saddam Husain v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Case brief

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Saddam Husain v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Case brief

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What did the court decide?

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