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

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

What the court decided

AI extract

Outcome

Accused/applicant Talib to be released on bail in Case Crime No.62 of 2024, P.S. Khanpur, District Bulandshahar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, in view of the Supreme Court dictums relied upon; applicant to cooperate in judicial process for fair and speedy disposal.

Issue for consideration

Whether the accused-applicant Talib, booked under Sections 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 (Case Crime No.62 of 2024, P.S. Khanpur, Bulandshahar) and having a criminal history, deserves to be enlarged on bail.

Court's answer

On the face of the record, four cases are mentioned in the gang chart and in all of them the accused is on bail.

Ratio / Principle

Four cases are mentioned in the criminal history, the accused is on bail in all of them, and the criminal history is duly explained in the bail application and supplementary affidavit.

Key takeaways

Nothing on record shows that the accused-applicant interfered with the investigation or influenced witnesses.ratio¶11
The accused-applicant has been in jail since 05.03.2024, a circumstance weighed in granting bail.ratio¶11
Without touching the merits of the case, the bail application is allowed.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Justice Avnish Saxena) allows the bail application of Talib sought for an offence punishable under Sections 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 in Case Crime No.62 of 2024, Police Station Khanpur, District Bulandshahar. The record prima facie shows four cases in the gang chart and four in the criminal history with the accused on bail in all, and the criminal history duly explained in the bail application and supplementary affidavit; the learned A.G.A.'s contention of habitual offending was opposed while conceding the history was explained. Nothing on record indicates interference with investigation or influence over witnesses, and the applicant has been in custody since 05.03.2024. Bail is granted without touching the merits, on furnishing a personal bond and two sureties each in the like amount, in view of the dictums of Girish Gandhi v. State of Uttar Pradesh, (2024) 10 SCC 674, and Policy Strategy for Grant of Bail In re, (2024) 10 SCC 685, with a direction that the applicant cooperate for fair and speedy disposal.

Neutral Citation No. - 2025:AHC:132915

Court No. - 87

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6946 of 2025

Applicant :- Talib Opposite Party :- State of U.P. Counsel for Applicant :- Gyan Prakash Mishra Counsel for Opposite Party :- G.A.

Hon'ble Avnish Saxena,J.

Sri Gyan Prakash Mishra, learned counsel appears for the applicant has filed supplementary affidavit today in the Court, which is taken on record.

The present bail application has been moved by the applicant accused Talib for the offence punishable under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 in Case Crime No.62 of 2024, Police Station Khanpur, District Bulandshahar.

Learned counsel for the accused-applicant, contends that the accused is on bail in the cases shown in the gang chart and in criminal history. He is incarcerated since long. As such, he prays that the accused/applicant be enlarged on bail.

Learned A.G.A. has opposed the prayer for bail and submitted that the accused-applicant is a habitual offender and does not deserve bail, but conceded that the criminal history is explained.

This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records.

The criminal history and the nature of offences mentioned in the criminal history has been considered. The record prima facie reveals that there are four cases mentioned in the gang chart, wherein, the accused is on bail. In the criminal history, four cases are mentioned and in all the cases the accused is on bail, duly explained in the bail application and supplementary affidavit. There is nothing on record to show that the accused-applicant has interfered in the investigation or influenced the witnesses. He is in jail since 05.03.2024.

Hence, without touching merit of the case, the bail application is allowed .

The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685].

The accused-applicant shall cooperate in judicial process for fair and speedy disposal.

Order Date :- 6.8.2025 Mini

(Avnish Saxena,J.)

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