KAILASH AGRAHARI @ KAILASH CHANDRA DASversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 8333 of 2026

Kailash Agrahari @ Kailash Chandra Das
                                                             .....Applicant(s)
                                   Versus

State of U.P.
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                     :   Amit Kumar Singh
Counsel for Opposite Party(s)                :   G.A.

Court No. - 68
                 HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard learned counsel for the applicant, Shri Punit Kumar Singh, lerned
AGA for the State-respondents and perused the record.

The present bail application under section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 has been filed on behalf of applicant with a prayer to
release him on bail in Case Crime No. 49 of 2026, under Section 3(1),
2(b)(i), 2(b)(xi) of Uttar Pradesh Gangsters and Anti Social Activities
(Prevention) Act, 1986, registered at Police Station Mahuli, District Sant
Kabir Nagar, during pendency of the trial.

It has been submitted by learned counsel for the applicant that the applicant
is innocent and has been falsely implicated in this case due to ulterior
motive. In the gang chart annexed as Annexure No. 2, only one criminal case
has been shown, and in that case, the applicant is on bail. Apart from the
gang chart, one additional case has been included in the criminal history of
the applicant, which has been duly explained in paragraph no. 3 of the
supplementary affidavit, and the applicant has been granted bail in the said
case as well.

It is further submitted that the applicant is not a member or leader or
organizer of a gang and he has not abetted or assisted in the activities of a
gang as enumerated in clause (b) of Section 2 of the Act. Applicant has no
criminal history except the aforesaid case. It is next submitted that there is
also no possibility of the applicant either fleeing away from the judicial
process or tampering with the witnesses. The applicant, who is languishing
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in jail since 01.02.2026, undertakes that he will not misuse the liberty, if
granted. It has also been pointed out that in the wake of heavy pendency of
cases in the Court, there is no likelihood of any early conclusion of trial.

Per contra learned A.G.A. has opposed the prayer for bail of the applicant,
but has not pointed out any other case against the applicant except the cases
shown by learned counsel for the applicant.

Upon considering the totality of facts, nature and the evidence reflected from
record and also taking into consideration the provision of Section 19(4) of
the Act and without expressing any opinion on merits of the case, I find it to
be a fit case for bail. Hence, the present bail application is allowed.

Let the accused-applicant, Kailash Agrahari @ Kailash Chandra Das, be
released on bail in the aforesaid case crime number on his furnishing a
personal bond and two reliable sureties of the like amount to the satisfaction
of the court concerned with the following conditions-

(i) 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 tamper with the evidence.

(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 313 of Cr.P.C.

(iv) 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 the trial court.

(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.

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

It is clarified that anything said in this order is limited to the purpose of
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                                                                    3


                                    determination of this bail application and will in no way be construed as an
                                    expression on the merits of the case. The trial court shall be absolutely free
                                    to arrive at its independent conclusions on the basis of evidence led
                                    unaffected by anything said in this order.



                                                                                       (Ashutosh Srivastava,J.)
                                    March 19, 2026
                                    Vibha Singh




Digitally signed by :-
VIBHA SINGH
High Court of Judicature at Allahabad