Ajay vs State of U.P. through the Secretary

Heard Sri Ishan Khare, Advocate holding brief of Ms. Arushi Khare, learned counsel for the applicant appointed by High Legal Services and Sri Shatrughan Yadav AGA for the State-respondent.

¶12

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 127 of 2025, under Sections 2/3 of U.P. Gangsters Act, Police Station T.P. Nagar, District Meerut, during pendency of the trial in the court below.

¶13

Learned counsel appearing for the applicant submitted that on the basis of two base cases applicant has been made accused in the present matter and in both the cases applicant is on bail.

¶14

He further submitted that apart from the base case and present case applicant is also having criminal history of eight other cases and as Ms. Arushi Khare has been appointed by High Court Legal Services, therefore, she could not explain the previous criminal history of the applicant. He next submits, when she made query from the jailer concerned then jailer concerned also informed only about base cases and present case and therefore, she was not in a position to explain the criminal history of the applicant.

¶15

He further submitted that however criminal history of the applicant has been itself mentioned in the FIR and from its perusal it reflects majority of cases were of theft and in all the cases applicant is on bail.

¶16

He further submitted that applicant is in jail in the present matter since 9.4.2025 i.e. for last more than a year.

¶17

Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant.

¶18

I have heard learned counsel for the parties and perused the record of the case.

¶19

BAIL No. 4335 of 2026

¶20

2

¶21

However it reflects apart from the present case and two base cases shown in the gang chart applicant is having criminal history of eight other cases but in all the cases he is on bail including base case and even from perusal of the criminal antecedents of the applicant which has been mentioned in the FIR of the present case it reflects majority of the cases were of theft.

¶22

Further, applicant is in jail in the present matter for last more than a year.

¶23

Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail.

¶24

Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

¶25

Let the applicant- Ajay , 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 the court concerned with the following conditions:-

¶26

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

¶27

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

¶28

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶29

In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶30

It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

April 20, 2026

Ankita

(Sameer Jain,J.)

Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Ajay v. State of U.P. through the Secretary

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Ajay v. State of U.P. through the Secretary

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