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2025 DAILYLAW 139537 (ALL)

ANIL KUMAR SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.

NABAIL/458/2025 · 2025-06-10

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35237 Court No. - 11 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 458 of 2025 Applicant :- Anil Kumar Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Brijesh Kumar Singh,Raghvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R. No. 109 of 2025 under Section 3(1) U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station- Kotwali Nagar, District- Gonda with the prayer to him anticipatory bail. 3. Submission of learned counsel for the applicant is that the applicant is innocent person and has been falsely implicated in the present case. It is further submitted that one case has been shown in the gang chart and in the said case, the applicant is on bail. It is next submitted that co-accused, namely, Rakesh Tripathi @ Rakesh Kumar Tiwari has already been enlarged on anticipatory bail by this Court vide order dated 06.05.2025 passed in Crl. Misc. Anticipatory Bail Application No. 368 of 2025. It is lastly submitted that the applicant undertakes that he will not involve in any activity, which is against the law. It is, thus, submitted that the applicant is entitled for bail. It is also submitted that in case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. has vehemently opposed the prayer for grant of bail, but he has fairly conceded that in the case mentioned in the gang chart, applicant is on bail. 5. Considering the submissions of learned counsel for parties and going through the record as also in view of the statement made by the learned counsel appearing on behalf of the applicant that the applicant will not involve in any activity, which is against the law, the twin conditions contained under Section 19 (4) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act stand satisfied. It is evident that co-accused, namely, Rakesh Tripathi @ Rakesh Kumar Tiwari has already been granted anticipatory bail. Therefore, the applicant is entitled for anticipatory bail. In case the applicant is taken into custody by Investigating Officer/Investigating Agency, he shall be released forthwith on anticipatory bail after taking personal bond of Rs. 50,000/- and two sureties each in the like amount with the following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 6. With above directions, the anticipatory bail application is allowed. Order Date :- 10.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench