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

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

What the court decided

AI extract

Outcome

Release of applicant Zubair on bail in Case Crime No. 187 of 2024 (Section 2/3, U.P. Gangster and Anti Social Activities (Prevention) Act, 1986) on executing a personal bond and two reliable sureties, each in the like amount, to the satisfaction of the court concerned, subject to conditions of non-tampering with evidence, abstention from criminal activity, non-intimidation of prosecution witnesses with co-operation in trial, and regular appearance before the trial court; breach entitles the court below to cancel bail.

Issue for consideration

Whether applicant Zubair, arraigned in Case Crime No. 187 of 2024 under Section 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, deserves to be released on bail.

Court's answer

On the materials on record, considering the nature of accusations, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and the prima facie case, and without commenting on merits, a case for bail was made out.

Ratio / Principle

The bail application is allowed.

Key takeaways

The applicant is to be released on bail on executing a personal bond and two reliable sureties, each in the like amount, to the satisfaction of the court concerned, subject to conditions: (i) not to tamper with evidence; (ii) not to indulge in any criminal activity; (iii) not to pressurize/intimidate prosecution witnesses and to co-operate in the trial; (iv) to appear regularly on each and every date fixed by the trial court unless personal appearance is exempted through counsel.ratio¶12
In the event of breach of any of the bail conditions, the court below is at liberty to proceed to cancel the bail.ratio¶17

Detailed headnote1 paragraphs

Bail granted — U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, S. 2/3 — Case Crime No. 187 of 2024, P.S. Mirapur, District Muzaffarnagar — applicant in custody since 30.11.2024 — gang chart showing a single criminal antecedent in a case wherein the applicant is already on bail, a fact the learned AGA, though opposing, did not dispute — considering the nature of accusations, severity of punishment, supporting evidence, apprehension of tampering and prima facie case, without commenting on merits, bail allowed — release directed on personal bond and two reliable sureties in the like amount subject to standard conditions, with liberty to the court below to cancel bail on breach. (High Court of Judicature at Allahabad, Court No. 47, Siddharth, J.; Neutral Citation 2025:AHC:55978; order dated 16.4.2025.)

Neutral Citation No. - 2025:AHC:55978

Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5826 of 2025

Applicant :- Zubair Opposite Party :- State of U.P. Counsel for Applicant :- Anand Prakash Dubey,Prashant Kumar Dubey Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard learned counsel for the applicant and learned A.G.A. for the State. Perused the record.

Instant bail application has been moved by applicant, Zubair, in Case Crime No.187 of 2024, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Mirapur, District- Muzaffarnagar.

Learned counsel for the applicant argued that the accusedapplicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 30.11.2024 and he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. In gang chart, he has been shown to be of one criminal antecedent , wherein, he is on bail; hence, bail has been prayed for.

Learned AGA has vehemently opposed, but could not oppose this fact that in gang chart, there is only one case, wherein, he is on bail.

Having heard and gone through materials placed on record, 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 merits of the case, a case for bail is made out.

Accordingly, the bail application is allowed.

Let the applicant, Zubair involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

Order Date :- 16.4.2025 Mini

Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad