Allowed¶14

Mohd. Zakir v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC25 Jul 2025BAIL/6809/2025

Case brief

AI extract

What is this about?

Keywords: bail on parity; gang chart; U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 Section 3(1); Section 19(4) undertaking; Case Crime No. 01 of 2025 P.S. Dewa Barabanki; NDPS Act Sections 8/21/25/29/60 and 37(1)(b) prior bail; co-accused Shah Faisal and Shahanshah bail orders 11.07.2025 and 22.07.2025; custody since 02.01.2025; personal bond and two sureties; IPC 229-A/BNS 269; Cr.P.C. 82/BNSS 84; IPC 174-A/BNS 209; Allahabad High Court Lucknow Bench; Crl. Misc. Bail Application No. 6809 of 2025.

What did the court decide?

Applicant Mohd. Zakir enlarged on bail on the ground of parity, upon furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the six enumerated conditions (including the Section 19(4) U.P. Gangsters Act undertaking). ¶14

Mohd. Zakir Vs State of U.P. Thru. Prin. Secy. Home Lko. — Narcotics (NDPS) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the accused-applicant, involved in Case Crime No. 01 of 2025 under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 (P.S. Dewa, District Barabanki), should be enlarged on bail on the ground of parity, given his existing bail in the solitary gang-chart case, the bail granted to co-accused Shah Faisal and Shahanshah, and his incarceration since 02.01.2025.

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Ratio / Principle

The bail application is allowed on the ground of parity: the applicant has bail in the solitary gang-chart case, no other case is pending against him, co-accused Shah Faisal and Shahanshah have been granted bail by this Court, and he has been in jail since 02.01.2025.

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Key takeaways

The applicant shall be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions including non-tampering with evidence, no intimidation of prosecution witnesses, an affidavit undertaking under Section 19(4) of the U.P. Gangsters Act not to misuse the liberty of bail, and presence before the trial court on each date fixed.ratio¶15
The observations made in this order are confined to the present application and shall have no bearing on the merits of the trial.obiter¶24

Detailed headnote1 paragraphs

Bail granted on ground of parity — U.P. Gangsters Act, 1986, S. 3(1) case (Case Crime No. 01 of 2025, P.S. Dewa, Distt. Barabanki). Accused-applicant already on bail in the solitary case in the gang chart (Case Crime No. 766 of 2024, Ss. 8/21/25/29/60 NDPS Act, with S. 37(1)(b) NDPS conditions duly considered); no other case pending; co-accused Shah Faisal and Shahanshah already enlarged on bail by this Court (orders dated 11.07.2025 and 22.07.2025); applicant in jail since 02.01.2025. Release on personal bond and two sureties each, with conditions: no tampering with evidence, no intimidation of witnesses, affidavit undertaking u/S. 19(4) Gangsters Act not to misuse bail liberty, presence before trial court on each date (absence may attract S. 229-A IPC, now S. 269 BNS); proclamation u/S. 82 Cr.P.C. (now S. 84 BNSS)/S. 174-A IPC (now S. 209 BNS) consequences noted. Observations confined to this application, no bearing on trial merits. (Karunesh Singh Pawar, J.; order dated 25.7.2025; Neutral Citation 2025:AHC-LKO:42910.)

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Neutral Citation No. - 2025:AHC-LKO:42910

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6809 of 2025

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Applicant :- Mohd. Zakir

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anil Kumar Pandey 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 accused-applicant as well as learned A.G.A. for the State and perused the record.

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Learned counsel for the accused-applicant, while pressing the present bail application, submits that the accused-applicant has been falsely implicated not only in the present case but also in the only case mentioned in the gang chart. In that case, the accused-applicant has already been granted bail. While granting bail in the case mentioned in the gang chart i.e. case crime No. 766 of 2024, under Sections 8/21/25/29/60 of the NDPS Act, the Court had duly considered the conditions laid down under Section 37(1)(b) of the NDPS Act. A copy of the bail order is annexed as Annexure No. 3 to the bail application. Except for the aforesaid case mentioned in the gang chart, no other case is pending against the accused-applicant.

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Learned counsel for the applicant submits that the co-accused Shah Faisal and Shahanshah have been enlarged on bail by this Court vide orders dated 11.07.2025 and 22.07.2025 passed in criminal misc. bail application Nos. 6411 of 2025 and 6673 of 2025. Learned counsel for the applicant seeks parity with the order of the co-accused.

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It has been further submitted that applicant is in jail since 02.01.2025 and if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he

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will abide by the orders passed by the Court below and will cooperate in speedy trial of the case.

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Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant.

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On due consideration to the fact that in the solitary case mentioned in the gang chart, he has been enlarged on bail; apart from the solitary case mentioned in the gang chart, there is no other case pending against the applicant; the co-accused persons Shah Faisal and Shahanshah have been granted bail by this Court as well as considering the fact that the applicant is languishing in jail since 02.01.2025, I find it to be a fit case for enlarging the applicant on bail on the ground of parity.

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Accordingly, the bail application is allowed on the ground of parity.

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Let the applicant, Mohd. Zakir, involved in Case Crime No.01 of 2025, under Sections 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station - Dewa District - Barabanki, 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

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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 submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for 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 (Now Section 269 of BNS).

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(vi) 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. (now Section 84 BNSS) 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 IPC (now Section 209 of BNS).

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It is clarified that the observations made in this order are confined to the present anticipatory bail application and shall have no bearing on the merits of the trial.

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Order Date :- 25.7.2025 R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Zakir v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Mohd. Zakir v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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What did the court decide?

Why is it important?

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