Umesh vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Umesh vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the applicant Umesh on bail in respect of Case Crime No. 56 of 2024 (Section 3(1), U.P. Gangster and Anti Social Activities (Prevention) Act, 1986), Police Station Junawai, District Sambhal, during pendency of trial, upon furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to: (1) not tampering with prosecution evidence by intimidating/pressurizing witnesses during investigation or trial; (2) sincere cooperation in the trial without seeking any adjournment; (3) abstaining from criminal activity or commission of any crime after release; breach of any condition to constitute a ground for cancellation of bail.

Issue for consideration

Whether the applicant Umesh, named in a gang chart with involvement in ten criminal cases (on bail in all) and a criminal history of six cases, and alleging false implication due to police rivalry, should be released on bail in Case Crime No. 56 of 2024 under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Junawai, District Sambhal, during pendency of trial. +1 more

Court's answer

Having considered the material on record, the larger mandate of Article 21 of the Constitution of India and the dictum of the Apex Court in Dataram Singh (2018) 3 SCC 22, and expressly without expressing any opinion on the merits of the case, the court ordered that the applicant involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned.

Ratio / Principle

The grant of bail is conditional: (i) the applicant shall not tamper with prosecution evidence by intimidating/pressurizing the witnesses during investigation or trial; (ii) he shall cooperate in the trial sincerely without seeking any adjournment; (iii) he shall not indulge in any criminal activity or commission of any crime after release; and breach of any of these conditions shall be a ground for cancellation of bail.

Detailed headnote1 paragraphs

BAIL GRANTED — UMESH — CRIMINAL MISC. BAIL APPLICATION NO. 5526 OF 2025 (Court No. 47, High Court of Judicature at Allahabad; Neutral Citation 2025:AHC:44898; decided 1.4.2025 by Hon'ble Siddharth, J.) — SECTION 3(1), U.P. GANGSTER AND ANTI SOCIAL ACTIVITIES (PREVENTION) ACT, 1986 — Case Crime No. 56 of 2024, Police Station Junawai, District Sambhal — Gang chart records involvement of applicant in ten criminal cases, on bail in all; criminal history of six cases explained in paragraph-2 of supplementary affidavit; in custody since 1.3.2024; applicant alleges false implication due to police rivalry — Considering the larger mandate of Article 21 of the Constitution of India and the dictum of the Apex Court in Dataram Singh Vs. State of U.P. and another, (2018) 3 SCC 22, and expressly WITHOUT EXPRESSING ANY OPINION ON THE MERITS OF THE CASE, applicant ordered released on bail on furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned — Conditions imposed: (i) no tampering with prosecution evidence by intimidating/pressurizing witnesses during investigation or trial; (ii) sincere cooperation in trial without seeking adjournment; (iii) no indulgence in criminal activity or commission of any crime after release — Breach of any of the above conditions shall be a ground for CANCELLATION OF BAIL.

Neutral Citation No. - 2025:AHC:44898

Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5526 of 2025

Applicant :- Umesh Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Supplementary affidavit filed by learned counsel for the applicant is taken on record.

Heard learned counsel for the applicant and learned A.G.A.

The instant bail application has been filed on behalf of the applicant, Umesh, with a prayer to release him on bail in Case Crime No. 56 of 2024, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Junawai, District- Sambhal, during pendency of trial.

According to the gang chart the applicant is said to has been involved in ten criminal cases wherein he is on bail. The applicant alleges false implication in the present case due to police rivalry. He is languishing in jail since 1.3.2024.The applicant criminal history of six cases which has been explained in paragraph-2 of the supplementary affidavit.

Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 that :-

The applicant shall not tamper with the

prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 1.4.2025

Atul kr. sri.

Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad