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2025 DAILYLAW 147851 (ALL)

RAJA JAISWAL AND ANOTHER v. STATE OF U.P. THRU.PRIN. SECY. HOME SECY. LKO.

ABAIL/698/2025 · 2025-07-24

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42534 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 698 of 2025 Applicant :- Raja Jaiswal And Another Opposite Party :- State Of U.P. Thru.Prin. Secy. Home Secy. Lko. Counsel for Applicant :- Nisha Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. The present anticipatory bail application has been filed by accused-applicants seeking anticipatory bail in Case Crime No.60 of 2022, under Sections 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Dewa, District Barabanki. Learned counsel for applicants submits that applicants who are father and son have been falsely implicated in this case. The gang chart has been prepared after delay of one year. Learned A.G.A. has opposed the bail prayer submitting that one of the accused persons is a licensee and there is admission by the accused coupled with the recovery made from the accused persons they have a criminal history of like nature in the past. On due consideration to the submissions advanced, perusal of the record as also the gravity of the offence, the past criminal history of the accused persons so also provisions of Section 19 of the Gangsters Act, there is no reason for this Court to believe that upon being released on anticipatory bail, the accused persons will not indulge in similar kind of offence in future, anticipatory bail is exceptional jurisdiction and, therefore, looking to the overall facts and circumstances of this case, I am not inclined to grant anticipatory bail to the applicants and thus, the anticipatory bail application is dismissed. Order Date :- 24.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench