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2025 DAILYLAW 138554 (ALL)

RASHID @ RASHID MALIK v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. SECTT. LKO

NABAIL/414/2025 · 2025-05-06

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26205 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 414 of 2025 Applicant :- Rashid @ Rashid Malik Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Sectt. Lko Counsel for Applicant :- Anand Kumar,Pragati Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. Heard learned counsel for applicant and learned A.G.A. for State. First anticipatory bail application has been filed with regard to case crime No.150 of 2025 under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, P.S. Satrikh, District Barabanki. As per gang chart, applicant is shown involved in two cases bearing case crime No. 203 of 2024 and 204 of 2024 in which he has already been enlarged on bail by trial court in bail application No.1766 of 2024 and 1767 of 2024. Learned A.G.A. appearing on behalf of the State opposed the prayer for bail but does not dispute the said facts. Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. In view of the above, it is provided that in the event of arrest, the applicant- Rashid @ Rashid Malik 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:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this protection. The application stands allowed. Order Date :- 6.5.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench