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2025 DAILYLAW 146102 (ALL)

GAGAN MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/5325/2025 · 2025-08-25

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5325 of 2025 Court No. - 27 HON'BLE RAJEEV SINGH, J. 1. While adjudicating the bail application, after exchange of affidavits, for the offence under Sections 2/3(1) U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 vide order dated 18.06.2025, this Court found that the gang chart was prepared by the police officials and on having been forwarded, the same was approved by the District Magistrate, Amethi without going through the contents of the file as well as charge sheet of the relevant cases mentioned in the gang chart. This Court also found that as per the gang chart, the involvement of the applicant-Gagan Mishra was also shown in F.I.R. No. 338 of 2020 under Sections 323, 504, 506 I.P.C., P.S. Jagdishpur, District Amethi, in which, since no evidence was found against the applicant, final report was submitted against him, but in the gang chart, it is shown that charge sheet was submitted against the applicant in the said case. This Court, taking into consideration the written instructions given by the S.H.O. of the concerned police station, whereby the averment made in the present bail application regarding the fact that the name of the applicant was dropped in F.I.R. No. 338 of 2020 was not denied, allowed the bail application. Vide said order dated 18.06.2025, this Court, while posting the matter for today, i.e., 25.08.2025, also directed the District Magistrate, Amethi to file his personal affidavit that under what circumstances, the gang chart was approved by him, in which, it is mentioned that charge sheet was submitted against the applicant in F.I.R. No. 338 of 2020, however, the Versus Counsel for Applicant(s) : Abhay Pratap Verma, Divakar Tiwari, Uday Kumar Counsel for Opposite Party(s) : G.A. Gagan Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) correct fact is that the name of the applicant was dropped in the said case. 2. In pursuance of the aforesaid order dated 18.06.2025, Shri Piyush Kumar Singh, learned A.G.A. files personal affidavit duly sworn by Mr. Sanjay Chauhan, District Magistrate, Amethi, which is taken on record. In paragraph 3 of the affidavit, he categorically admitted that due to inadvertent mistake, in the gang chart it has been mentioned that charge sheet was also submitted against the applicant in F.I.R. No. 338 of 2020 (supra). Further, in paragraph 4 of the affidavit, he undertakes that such type of mistakes will not be repeated in future. 3. Considering the aforesaid facts, Principal Secretary, Department of Home, Government of U.P. is directed to issue necessary directions to all the District Magistrates and Commissioners of Police to ensure that while forwarding the gang chart to the Superintendent of Police, District Magistrate or Commissioner of Police concerned, copy of the F.I.R. as well as charge sheet of the concerned crime shall also be placed along with the gang chart. The District Magistrate/Commissioner of Police shall also ensure the verification of the details of the crime mentioned in the F.I.R. as well as in the charge sheet before approving the gang chart. 4. Senior Registrar of this Court is directed to communicate this order to the Principal Secretary, Department of Home, Government of U.P. as well as Director General of Police, U.P. for necessary compliance, forthwith. August 25, 2025 VKS BAIL No. 5325 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench