Allowed

Krishna Mohan v. State of U.P.

Allahabad HC21 Mar 2025BAIL/9426/2025

Case brief

AI extract

What is this about?

Bail application under the U.P. Gangsters and Anti-Social Activities (Prevention) Act based on a single prior case in which the applicant was already enlarged on bail. The court allowed bail without expressing any opinion on merits, subject to conditions including non-tampering with evidence and cooperation in trial.

What did the court decide?

Applicant Krishna Mohan released on bail on furnishing personal bond and two sureties, subject to conditions against tampering, adjournment-seeking, and criminal activity.

Krishna Mohan vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:110231

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9426 of 2025

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Applicant :- Krishna Mohan Opposite Party :- State of U.P. Counsel for Applicant :- Alauddin,Fakhruddin Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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1-Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State.

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2-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 717 of 2024, under Section 2(b)(i), 3(1) U.P. Gangster and Anti-Social Activities (Prevention) Act, Police Station Khalilabad, District Sant Kabir Nagar during the pendency of trial.

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3-It is argued by learned counsel for the applicant that according to the gang chart, the applicant is said to have been involved in one criminal case, in which he has already been enlarged on bail, copy of bail order has been brought on record as Annexure No. 3 to the bail application. It is further argued that the applicant has been falsely implicated in the present case due to ulterior motive. The applicant is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 25.01.2025 and in case he is released on bail, he will not misuse the liberty of bail.

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4-Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that the applicant is member of gang and habitual of committing crime. In case the applicant is released on bail, he will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.

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5-Having considered the submissions of the parties, without expressing any opinion on the merits, the bail application is allowed .

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6-Let the applicant-Krishna Mohan involved in the aforesaid case 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 :-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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

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

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7-In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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8-The trial Court shall make an endeavour to conclude the trial of the applicant expeditiously without granting any unnecessary adjournments to either of the parties in light of the provisions of Section 12 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.

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Order Date :- 10.7.2025 Saurabh

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

Krishna Mohan v. State of U.P.

Case brief

What is this about?

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Krishna Mohan v. State of U.P.

Case brief

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