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2025 DAILYLAW 131634 (ALL)

SHERU v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

NABAIL/285/2025 · 2025-04-16

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21447 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 285 of 2025 Applicant :- Sheru Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Udai Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned A.G.A. for opposite party no.1-State. Notice to opposite party no.2 stands dispensed with. Supplementary affidavit filed today on behalf of applicant is taken on record. 2. First anticipatory bail application has been filed with regard to Case Crime No.18 of 2025, under Sections 3(1) U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, P.S. Nawabganj, District Bahraich. 3. As per gang chart, applicant is shown involved in single Case Crime No.175 of 2023 in which he has already been granted anticipatory bail in anticipatory bail application no.2745 of 2023 by this Court. 4. It is submitted that it has been specifically stated in paragraph 4 and 5 of supplementary affidavit filed today that apart from the said case, applicant is not involved in other cases bearing case crime nos.186 of 2018, 534 of 2019 and 147 of 2020 has already been explained to the effect that the applicant has never been called upon for investigation, interrogation nor has ever received any notice or summons from any authority or court with regard to same. 5. Learned A.G.A. has opposed anticipatory bail application with the submission that the aforesaid case crime numbers which are apart from the gang chart, clearly indicate applicant's involvement. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident that as per gang chart, the applicant is shown involved in only one case in which he has already been enlarged on anticipatory bail. Gang chart appears to have been prepared on 16.01.2025 and does not indicate the case Crime numbers apart from Case Crime No.175 of 2023 in the single case applicant has already been granted anticipatory bail application. 7. Without expressing any opinion on the merits of the case, I am of the opinion that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 8. In view of the above, it is provided that in the event of arrest, the applicant- Sheru shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that 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/her from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant(s) shall not leave India without the previous permission of the court; (iv) that in case charge-sheet is submitted the applicant(s) shall not tamper with the evidence during the trial; (v) that the applicant(s) shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant(s) shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions, benefit of this order would not be available to applicant(s). 9. The application stands allowed. Order Date :- 16.4.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench