HARPREET @ PREET @ JASSIversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD

     CRIMINAL MISC. BAIL APPLICATION No. - 8728 of 2025

Harpreet @ Preet @ Jassi
                                                              .....Applicant(s)
                                   Versus
State of U.P.
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)      : Aakash     Sharma,         Rakesh      Kumar
                                Srivastava
Counsel for Opposite Party(s) : G.A.

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

Heard learned counsel for the applicant, learned AGA for the State-
Respondent and perused the record.

The present bail application has been filed on behalf of applicant with a
prayer to release him on bail in Case Crime No. 539 of 2024, under Section
2/3 of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention)
Act, 1986, registered at Police Station Bisrakh, District Gautam Buddh
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. Criminal history as mentioned in the gang-chart has been explained
in the affidavit filed in support of the bail application. Learned counsel for
the applicant submits that the applicant has already been released on bail in
all the cases mentioned in the gang chart.

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
in jail since 12.12.2024, 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.
                                                            BAIL No. 8728 of 2025
                                 2


Learned counsel for the applicant has placed reliance upon a decision passed
in the case of Prabhakar Tewari Vs. State of U.P. and another, 2020 (11)
SCC 648, wherein the Hon'ble Supreme Court has observed that pendency
of several criminal cases against an accused may itself cannot be a basis for
refusal of bail.

Per contra learned A.G.A. could not oppose the prayer for bail of the
applicant and also could not pointed out any other case against the applicant
except the case shown in the gang-chart made 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 applicant, Harpreet @ Preet @ Jassi, 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.

(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.
                                                                                              BAIL No. 8728 of 2025
                                                                    3


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

                                    January 12, 2026
                                    pks/sumaira
                                                                                       (Ashutosh Srivastava,J.)




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