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2025 DAILYLAW 125865 (ALL)

DIVYA AWASTHI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. / PRIN. SECY. HOME DEPTT. OF HOME AND CON. LKO

BAIL/1814/2025 · 2025-02-28

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12053 Court No. - 7 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1814 of 2025 Applicant :- Divya Awasthi Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Home Deptt. Of Home And Con. Lko Counsel for Applicant :- Ritwika Tripathi,Raghav Bansal,Sudhanshu S. Tripathi Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks bail in Case Crime No.282 of 2020 under section 2/3 U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986, P.S. Gangaghat, District Unnao. 3. Learned counsel for the applicant has submitted that the applicant was enlarged on interim bail in the present case crime vide order passed on 18.12.2024. 4. It is argued that the applicant is on bail in all the three cases shown against him in the Gang Chart. It has also been submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses and in case the applicant released on bail, he will not misuse the liberty of bail and will cooperate in trial. 5. Learned AGA has opposed the prayer for bail but not contradicted the aforesaid fact. 6. Considering the fact that the applicant has been granted bail in all the cases shown against him in the Gang Chart, he is entitled for the regular bail. Thus, the bail application is allowed. 7. Let the applicant Divya Awasthi be released on regular bail in aforesaid first information report number on his furnishing a personal bond and two reliable sureties of Rs.25000/- each with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. Order Date :- 28.2.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench