Sulkhan Pahelwan v. State of U.P. Thru. Prin. Secy. Home Lko

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12494 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary affidavit filed by learned counsel for the applicant is taken on record.

Heard learned counsel for the accused-applicant and learned A.G.A. for the State, and perused the record.

Learned counsel for the applicant submits that in the gang chart, three cases have been shown against the applicant. In all the three cases, the applicant has already been enlarged on bail. The bail orders are on record as Annexures-3, 4 and 5 to the bail application. Apart from the said three cases, there is one other case pending against the applicant, in which also he has been granted bail. A copy of the bail order has been annexed as Annexure SA-1 to the supplementary affidavit. There is no other criminal history against the applicant.

It is further submitted that the applicant is in jail since 23.11.2025 and, in case the facility of bail is granted, there is no apprehension that he will flee from the judicial process. It is also submitted that the applicant shall abide by all orders passed by the court below and shall cooperate in the speedy trial of the case. It is also submitted that the applicant is ready to furnish an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986. Versus Counsel for Applicant(s) : Jai Pratap Singh, Sakshi Chauhan Counsel for Opposite Party(s) : G.A. Sulkhan Pahelwan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 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 fact that in the cases mentioned in the gang chart the applicant has already been enlarged on bail, and apart from the said cases there is one other case pending against him in which also he has been granted bail, as well as considering that the applicant is languishing in jail since 23.11.2025, this Court finds it to be a fit case for enlarging the applicant on bail.

Accordingly, the bail application is allowed.

Let the applicant, Sulkhan Pahelwan, involved in FIR/Case Crime No. 302 of 2025, under Sections 2/3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station – Dalmau, District – Raebareli, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned, subject to the following conditions imposed in the interest of justice:

The applicant shall not tamper with the evidence during the trial.

The applicant shall not pressurize or intimidate the prosecution witnesses.

The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer, or otherwise tamper with the evidence.

The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open to the trial court to treat it as abuse of the liberty of bail and pass appropriate orders in accordance with law.

The applicant shall submit an undertaking on affidavit in terms of BAIL No. 12494 of 2025 Section 19(4) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, that he will not indulge in any criminal activity or misuse the liberty of bail.

The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code (now Section 269 of the Bharatiya Nyaya Sanhita, 2023).

In case the applicant misuses the liberty of bail during trial and, in order to secure his presence, proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued, and if he fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him in accordance with law under Section 174-A IPC (now Section 209 of the Bharatiya Nyaya Sanhita, 2023).

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 Madhu D.R/P.S BAIL No. 12494 of 2025 (Karunesh Singh Pawar,J.) High Court of Judicature at Allahabad, Lucknow Bench