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2025 DAILYLAW 148988 (ALL)

RIZWAN @ RIJVAN v. STATE OF U.P. THRU. SECY. HOME LKO

NABAIL/809/2025 · 2025-07-10

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39401 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 809 of 2025 Applicant :- Rizwan @ Rijvan Opposite Party :- State Of U.P. Thru. Secy. Home Lko Counsel for Applicant :- Rizwanul Haque Ansari,Santi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Supplementary affidavit filed today is taken on record. Heard learned counsel the applicant and learned A.G.A. for the State. The present application under Section 438 Cr.P.C./482 BNSS has been filed seeking anticipatory bail in FIR/Case Crime No. 401 of 2025, under Sections 2(b)(17)/3 of U.P. Gangsters Act, P.S. Mohammadi, District Kheri. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. Learned A.G.A. has opposed the anticipatory bail application. Perused the record. A perusal of the record shows that apart from the single case shown in the gang chart, the applicant has criminal history of 6 more cases. Out of six, two are the offences under the Cow Slaughter Act. It appears that the applicant is a habitual offender. The offence under the Gangsters Act is a serious one. Hence, it cannot be said that the applicant has been falsely implicated. In view of the above, no ground for grant of anticipatory bail is made out. Accordingly, the anticipatory bail application is rejected. However, liberty is granted to the applicant to appear/surrender before the learned trial court within ten days from the date of receipt of certified copy of this order and in case, he files a regular bail application, the same be decided expeditiously. Order Date :- 10.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench