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2025 DAILYLAW 137322 (ALL)

LATEEF @ ABDUL LATEEF v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NABAIL/377/2025 · 2025-08-18

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48486 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 377 of 2025 Applicant :- Lateef @ Abdul Lateef Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Arti Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms Arti Shukla, learned counsel for the applicant and Shri Jayant Singh Tomar, learned A.G.A.-I for the State. 2. The applicant was granted interim anticipatory bail by means of the following order passed by the Co-ordinate Bench of this Court on 30.04.2025: "1. Heard learned counsel for applicant, learned AGA appearing on behalf of State and perused on record. 2. This first anticipatory bail application has been filed with regard to Case Crime No. 91 of 2025 under Section 2/3(1) U.P. Gangsters and Anti- Social Activities (Prevention) Act, P.S. Gosaiganj, District Sultanpur. 3. It is submitted that as per gang chart, applicant is shown involved in single case bearing Case Crime No. 255 of 2023 under Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 11 of the Prevention of Cruelty to Animals Act, 1960 and 429 IPC in which the applicant has already been enlarged on anticipatory bail by this Court in Criminal Misc. Anticipatory Bail Application No. 1603 of 2023. 4. It is submitted that apart from the aforesaid case, applicant is shown involved in five more cases the details of which have been explained in affidavit filed in support of application. 5. Learned A.G.A. appearing on behalf of the State opposed the prayer for bail but does not dispute the fact that applicant is enlarged on bail in all cases indicated against him. 6. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, and subject to further evidence being led in trial, it appears that applicant has already been enlarged on bail in all the cases filed against him as averred in the affidavit filed in support of application and therefore conditions indicated in Section 19(4) U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 stand complied with at this stage, therefore the applicant is entitled to be released on bail in this case. 7. 7. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Lateef @ Abdul Lateef shall be released forthwith, in case of his arrest in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself 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 from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant 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 the court concerned shall have the liberty to cancel the bail. 8. Opposite parties are granted ten days' time to file objections. 9. List this case on 16.05.2025, as fresh." 3. The State has filed a counter affidavit opposing the anticipatory bail application. 4. The learned A.G.A.-I does not allege violation of any condition of interim anticipatory bail granted to the applicant. 5. Learned counsel for the applicant has submitted that the anticipatory bail application of the co-accused person Julfekar has been granted by this Court on 07.08.2025. 6. Keeping in view of the aforesaid facts and circumstances, there is nothing which may persuade this Court from taking a different view than the one taken by the Co-ordinate Bench of this Court while granting interim anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application is allowed. The interim order dated 30.04.2025 is made absolute in terms of the aforesaid order. Order Date :- 18.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench