Vimal Kumar Pandey @ Bose Vs State of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 6853 of 2025

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Vimal Kumar Pandey @ Bose

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.....Applicant(s) Versus

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State Of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko. .....Opposite Party(s) Counsel for Applicant(s) : Anand Kumar Srivastava Counsel for Opposite Party(s) : G.A.

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Court No. - 15

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HON'BLE KARUNESH SINGH PAWAR, J.

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

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2.Learned counsel for the applicant submits that two cases are shown in the gag chart. In both the cases, the applicant has been enlarged on bail vide orders contained in Annexures SA-1 and SA-2 to the supplementary affidavit. Apart from these two cases, the applicant has a criminal history of 10 cases which has been explained in para 15 of the bail application. The applicant has also criminal history of 26 range cases. The applicant is in jail since 18.3.2025.

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The co-accused Vikas Yadav and Anurag Verma have been granted bail by this court vide orders dated 11.7.2025 and 9.7.2025 passed in Bail Nos.6406 and 6333 - both of 2025, respectively.

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nother co-accused Mahboob Alam has also been enlarged on bail by this court vide order passed in Bail No.6482 of 2025. The applicant seeks parity. 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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3.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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BAIL No. 6853 of 2025

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2

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4.Considering the facts and circumstances of the case, and also considering the nature of allegations, the applicant has explained the criminal history, as noted above, the offences shown in the gang chart are triable by Magistrate, the co-accused named above have been granted bail, arguments advanced by learned counsel for the parties, for the period for which he is in jail 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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5.Let the applicant Vimal Kumar Pandey alias Bone, nvolved in Case Crime No.116 of 2025 under Section 3(1) U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Tulsipur, district Balrampur 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. (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 I.P.C. (now 269 BNS).

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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. (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 I.P.C.

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BAIL No. 6853 of 2025

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3

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(Karunesh Singh Pawar,J.)

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(now section 209 BNS).

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6.The bail application is allowed accordingly.

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October 30, 2025