Massan vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 591 of 2026

Massan

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) Counsel for Applicant(s) : Sumit 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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Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.

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Learned counsel for the applicant submits that in the gang chart, two cases have been shown against the applicant. In both the cases, the applicant has been enlarged on bail. The bail orders are on record, filed as Annexures 3 and 4 to the bail application. Apart from these cases, the applicant has a criminal history of nine other cases, which has been explained in paragraph 7 of the bail application. The bail orders of the cases/final report/acquittal order have been collectively annexed as Annexure-5 to the affidavit filed in support of the bail application. Apart from that there is no other criminal history. The applicant is in jail since 20.12.2025.

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It is also submitted that the applicant is ready to furnish an undertaking in terms of the requirement of Section 19(4)(b) of the U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986. It is further submitted that there is no possibility of the applicant fleeing from judicial custody or tampering with the prosecution witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.

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On due consideration of the facts that the applicant is languishing in

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BAIL No. 591 of 2026

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jail since 20.12.2025 and the applicant has already been enlarged on bail in the cases shown in the gang chart as well as in other cases also, 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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Accordingly the application is allowed.

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Let the applicant Massan involved in Case Crime No. 0657 of 2025, under Sections 2/3 of the U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali Nagar, District Pratapgarh, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned, subject to the following conditions which are imposed in the interest of justice:

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(i) The applicant shall not tamper with the evidence during the trial.

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(ii) The applicant shall not pressurize or intimidate the prosecution witnesses.

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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 to the trial court to treat it as an abuse of the 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 the requirement of Section 19(4)(b) of the U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 that he shall not indulge in any criminal activity 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 I.P.C. (now Section 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, a proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to

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BAIL No. 591 of 2026

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appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A I.P.C. (now Section 209 BNS).

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January 30, 2026 Madhu D.R/P.S

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(Karunesh Singh Pawar,J.)

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Massan v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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Massan v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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