Allahabad High Court
Anoop Jaiswal vs State Of U.P. on 4 August, 2025
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:130758 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26561 of 2025 Applicant :- Anoop Jaiswal Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 114 of 2025, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, police station Thariyaon, district Fatehpur during the pendency of trial.
It is argued by learned counsel for the applicant that according to the gang chart, the applicant is said to have involved in three criminal cases, in which he has already been enlarged on bail, copies of bail orders have been brought on record as Annexure Nos. 3, 4 and 5 to the affidavit filed in support of the bail application. Apart from three cases mentioned in the gang chart, the applicant has criminal history of another case, in which also he is on bail, copy of bail order has been brought on record as Annexure No. 6 to the affidavit filed in support of the bail application. He has falsely been implicated in the present case due to ulterior motive. He is not member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 08.07.2025 and in case, he is enlarged on bail, he will not misuse the liberty of bail.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that the applicant is member of gang and habitual of committing crime. In case the applicant is released on bail, he will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.
Having heard learned counsel for the parties and perusing the record, I find that it is not in dispute that applicant is on bail in base cases, on the basis of which, F.I.R. under the U.P. Gangsters and Anti-Social Activities (Prevention) Act has been lodged.
After considering the submissions of the parties, without expressing any opinion on the merits, the bail application is allowed.
Let the applicant-Anoop Jaiswal, involved in the aforesaid case 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 with the following conditions that :-
i. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses.
ii. The applicant shall cooperate with the trial sincerely without seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
iv.Identity, status and residential proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The trial Court shall make an endeavour to conclude the trial of the applicant expeditiously without granting any unnecessary adjournments to either of the parties in light of the provisions of Section 12 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
Copy of this order be sent to the concerned trial court for necessary information and compliance.
Order Date :- 4.8.2025 Kashifa