PRADEEP GUPTA @ PRADEEP KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME
NABAIL/887/2025 · 2025-07-21
Karunesh Singh Pawar
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 151920 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151920 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41525 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 887 of 2025 Applicant :- Pradeep Gupta @ Pradeep Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Counsel for Applicant :- Prabhat Kumar Mishra,Parth Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present anticipatory bail application has been filed by the applicant in Case Crime No. 157 of 2025, under Sections 2(b)(i)/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Palia, District Lakhimpur Kheri. Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. Only two cases, both registered in the year 2024, have been shown in the gang chart, in which the applicant has been enlarged on bail. It is contended that the gang chart has been prepared in a mechanical manner, without application of mind. The Superintendent of Police, Kheri, while preparing the gang chart, did not mention the date of preparation, which shows clear non-application of mind. Reliance has been placed on the judgment of this Court in Vinod Bihari Lal vs. State of U.P. & Anr. passed in Criminal Appeal Nos.777- 778/2025 dated 23.5.2025, particularly paragraph 64(9), which lays down essential guidelines for the preparation of gang charts.
Learned counsel further submits that the applicant is a law-abiding citizen, has no previous criminal history and undertakes to fully cooperate in the investigation.
Learned A.G.A. has opposed the bail prayer but could not dispute the factual aspect regarding the two cases or the procedural infirmity in the preparation of the gang chart. On due consideration of the law laid down in Vinod Bihari Lal (supra), the casual and non-speaking manner in which the gang chart has been prepared, except two cases shown in the gang chart the applicant has no previous criminal history and keeping in mind the law laid down by the Hon’ble Apex Court in Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC OnLine SC 98, it would be expedient in the interest of justice to protect the liberty of the applicant. Accordingly, the application is allowed. It is provided that in the event of arrest the applicant Pradeep Gupta @ Pradeep Kumar shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. In case of default, it would be open for the investigating agency to move application for vacation of this protection. (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation.
(3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.
Order Date :- 21.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench