Ahsan v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32985 of 2026 Court No. - 68 (Sl. No. 38 out of 291) HON'BLE KRISHAN PAHAL, J.

¶1List has been revised.

¶2Heard Sri Meraj Ahmad Khan, learned counsel for the applicant, Sri R.P. Singh, learned State Law Officer and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No. 275 of 2009, under Sections 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Pakbada, District Moradabad, during the pendency of trial.

¶4Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has been granted bail in the instant case by the trial court itself on 26.5.2009 and he co-operated in trial till 2019 but subsequently, he could not attend the Court. Not a single witness was examined during the intervening period of more than ten years. The applicant surrendered before the trial court on

13.8.2026.

¶5Learned counsel for the applicant has further argued that the criminal history of the applicant stands explained. The applicant is languishing in jail since 13.8.2026 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶6Learned State Law Officer has vehemently opposed the bail application but the submissions raised by the learned counsel for the applicant could not be disputed. Versus Counsel for Applicant(s) : Meraj Ahmad Khan Counsel for Opposite Party(s) : G.A. Ahsan .....Applicant(s) State of U.P. .....Opposite Party(s)

¶7This Court is of the view that if a case for bail is otherwise made out, an accused cannot be kept incarcerated solely on account of his criminal antecedents. In the instant case, the criminal history assigned to the applicant has been properly explained.

¶8Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that not a single witness was examined during the intervening period of more than ten years and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9Let the applicant-Ahsan, 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 verification of sureties, with the condition that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.

¶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 16, 2026 Shalini BAIL No. 32985 of 2026 (Krishan Pahal,J.) High Court of Judicature at Allahabad