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2025 DAILYLAW 152112 (ALL)

AVDHESH @ AVDHESH SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

NABAIL/880/2025 · 2025-07-18

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41243 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 880 of 2025 Applicant :- Avdhesh @ Avdhesh Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Bisunbablu Mishra Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present bail application has been filed seeking anticipatory bail in case crime No.143 of 2025, under Sections 2/3 of U.P. Gangster and Anti-social Activities (Prevention) Act, P.S. Bhadokhar, District Raebareli. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that relating to one offence in the gang chart applicant has been granted bail, the bail order is on record. He also submits that it is not the case of the prosecution that applicant has received any money in his account or has sent the proceeds of that crime to his family member. He has no prior criminal antecedent. Learned A.G.A. has opposed the prayer made by learned counsel for the applicant submitting that the investigation is going on. Learned counsel for the applicant further submits that he will cooperate in the investigation. Without expressing any opinion on the merits of the case and considering the nature of accusation and that fact that one case shown in the gang chart applicant is on bail, he has no prior criminal history prima facie there appears to be no material as of now to show that the applicant is involved in a gang, he is working as die member with the co-accused persons, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. In view of the above, it is provided that the applicant-Avdhesh @ Avdhesh Singh shall report to the Investigating Officer within ten days from today who 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. (4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. The application disposed of. Order Date :- 18.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench