Mohd. Shaheban @ Shahban v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. -12663 of 2025 Court No. -15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. Learned counsel for accused-applicant, while pressing the bail application, submits that in the gang chart, two cases have been shown against the applicant. In those cases, applicant has already been enlarged on bail. The bail orders are on record as Annexure Nos. 3 and 4 to the bail application. Apart from the sole case mentioned in the gang chart, applicant has no criminal history. It is submitted that co-accused Vaheed @ Ramjaan Khan has already been enlarged on bail by this Court. The bail order is on record as Annexure No. 5 to the bail application. Applicant seeks parity with the bail order of the co-accused. It has been further submitted that applicant is in jail since 11.09.2025 and, if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co-operate in speedy trial of the case. Learned counsel for the applicant submits that applicant is a poor person and he will not be in a position to give two sureties and as such he may be permitted to submit single surety before the trial Court. Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant. On due consideration of the facts that the applicant is languishing in jail Versus Counsel for Applicant(s) : Anjali Dubey Counsel for Opposite Party(s) : G.A. Mohd. Shaheban @ Shahban .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko .....Opposite Party(s) since 11.09.2025, in the cases mentioned in the gang chart, he is on bail and has no other criminal history, so also the bail order of the co-accused Vaheed @ Ramjaan Khan, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant-Mohd. Shaheban @ Shahban, involved in Case Crime/FIR No. 374 of 2025 under Section 2/3 of U.P. Gangster Act, 1986, Police Station-Salon, District-Raebareli, be released on bail on furnishing a personal bond and single surety in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial Court.

(iv) The applicant shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 16, 2025 Vinay/- BAIL No. 12663 of 2025 (Karunesh Singh Pawar,J.) High Court of Judicature at Allahabad, Lucknow Bench