Harish Kumar v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 20823 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.

¶1List has been revised.

¶2Heard Ms. Priyanka Devi, learned counsel for the applicant and Sri Deepak Kumar Singh, learned A.G.A. for the State and also perused the material placed on record.

¶3Applicant seeks bail in Criminal Complaint No. 25 of 2011 arising out of Case Crime No. 771 of 2010, under Sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station - Masuri, District - Ghaziabad, during the pendency of trial.

¶4Learned counsel for the applicant has argued that non-bailable warrant was issued against the applicant since 24.01.2017 and the applicant went to jail in another case at Patna on 23.08.2021 and was summoned by issuing bailable warrant by the trial court on 07.04.2025 and he has been remanded to jail since then.

¶5Learned counsel has further stated that earlier on, the applicant was on bail in the instant case. He has been falsely implicated in the present case. He has nothing to do with the said offence. Criminal history of two cases assigned to the applicant has been explained in the affidavit.

¶6Learned counsel has next contended that the applicant is languishing in jail since 23.08.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.

¶7Per contra, learned AGA has vehemently opposed the bail application but Versus Counsel for Applicant(s) : Dev Prakash Sharma, Priyanka Devi Counsel for Opposite Party(s) : G.A. Harish Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) unable to dispute the submissions raised by the learned counsel for the applicant.

¶8Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and without expressing any opinion on the merits of the case, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed.

¶9Let the applicant-Harish Kumar, who is involved in aforementioned case crime 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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

ii) The applicant will not pressurise/intimidate with the prosecution witnesses.

iii) The applicant will appear before the trial court on the date fixed.

¶10In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶11It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 26, 2025 Siddhant BAIL No. 20823 of 2025 (Krishan Pahal,J.) High Court of Judicature at Allahabad