IRSAD v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NABAIL/378/2025 · 2025-08-18
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137355 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137355 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48498 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 378 of 2025 Applicant :- Irsad 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 and 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. 293 of 2020 under Section 2/3(1) U.P. Gangsters and Anti-Social Activities (Prevention) Act, P.S. Kurebhar, District Sultanpur. 3. It is submitted that as per gang chart, applicant is shown involved in single case bearing Case Crime No. 51 of 2020 under Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act in which the applicant has already been enlarged on bail by Trial Court in Bail Application No. 560 of 2020. 4. Learned A.G.A. appearing on behalf of the State opposed the prayer for bail but does not dispute the aforesaid facts. 5. 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. 6.
6. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Irsad 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) 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 tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. 7. Opposite parties are granted ten days' time to file objections. 8. List this case on 16.05.2025, as fresh."
3. The State has filed a counter affidavit annexing therewith copies of the materials collected during the investigation and a copy of the charge sheet submitted on 07.04.2021. 4. The learned A.G.A.-I does not allege violation of any condition of interim anticipatory bail granted to the applicant. 5. 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. 6. 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