Smt. Neelam Sharma and 2 Others v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33596 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.

¶1List has been revised.

¶2Heard Sri Akhilesh Kumar Yadav, holding brief of Sri Satendra Kumar, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer for the State and perused the record.

¶3Applicants seeks bail in Case Crime No. 655 of 2025, under Sections 2/3 of U.P. Gangsters and Anti social Activities (Prevention) Act, Police Station Deoband, District Saharanpur, during the pendency of trial.

¶4It is argued by the learned counsel for the applicants that the prosecution under the Gangsters Act have been launched against the applicant no.1 on the basis of two criminal cases, against applicant no.2 on the basis of one criminal case and against applicant no.3 on the basis of one criminal case shown in the gang chart in which they have already been enlarged on bail by the court concerned. They have been falsely implicated in the present case due to police rivalry. They are not the member of any gang.

¶5There is no criminal history of the applicants. The applicants are languishing in jail since 05.09.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they shall not misuse the liberty of bail.

¶6Per contra, learned State Law Officer has vehemently opposed the bail Versus Counsel for Applicant(s) : Ram Adhar Yadav, Satendra Kumar Counsel for Opposite Party(s) : G.A. Smt. Neelam Sharma And 2 Others .....Applicant(s) State of U.P. .....Opposite Party(s) application but unable to dispute the submissions raised by the learned counsel for the applicants and also the fact that the applicants have no criminal history.

¶7Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and without expressing any opinion on the merits of the case, I find it a fit case to release the applicants on bail. The bail application is allowed.

¶8Let the applicants-Smt. Neelam, Kunal and Priyanshu, who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with the evidence during trial.

ii) The applicants shall not pressurise/intimidate with the prosecution witnesses.

iii) The applicants shall appear before the trial court on the date fixed.

¶9In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶10It is made clear that observations made in granting bail to the applicants 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 Sumit S BAIL No. 33596 of 2025 (Krishan Pahal,J.) High Court of Judicature at Allahabad