ANKIT CHAUBEY @ ANKIT KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO.
BAIL/6793/2025 · 2025-07-24
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151458 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151458 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:42486 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6793 of 2025 Applicant :- Ankit Chaubey @ Ankit Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Applicant :- Shyam Karan Pandey Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. The present bail application has been filed by the applicant seeking bail in Case Crime No.0126 of 2025, under Sections 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station - Ahrauli District Ambedkarnagar.
Learned counsel for accused-applicant submits that in the gang chart, solitary case has been shown against the applicant. In that case, the applicant has been released on bail. The bail order is on record to the bail application. Apart from the single case mentioned in the gang chart, the applicant has criminal history of five more cases in which he has also been granted bail, the bail orders are collectively on record on record as Annexure No.3 to the bail application. It is submitted that the co-accused Prem Pratap @ Kuldeep has been granted bail by coordinate Bench of this Court vide order dated 13.6.2025 passed in Criminal Misc. Bail Application No.5351 of 2025. The applicant claims parity with the bail order of the said co-accused. It has been further submitted that applicant is in jail since 09.02.2025 and if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and
will co-operate in speedy trial of the case. Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant. Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties and the fact that applicant has been enlarged on bail in one case shown in the gang chart as well as in five other cases as mentioned hereinabove, the applicant is in jail since 9.2.2025 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant, Ankit Chaubey @ Ankit Kumar involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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. (iv) The applicant shall file an undertaking to the effect that
he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 BNS. (vii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNSS is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 BNS.
Order Date :- 24.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench