ALOK YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NABAIL/904/2025 · 2025-07-24
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153211 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153211 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:42480 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 904 of 2025 Applicant :- Alok Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Pradeep Kumar Singh 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.133 of 2025, under Sections 3(1) of U.P. Gangster and Anti-social Activities (Prevention) Act, P.S. Mahmoodabad, District Sitapur. Heard learned counsel for the applicant and learned A.G.A. for the State. Notice to respondent no.2 is dispensed with.
Learned counsel for the applicant submits that in relation to one of the offences mentioned in the gang chart, the applicant has already been granted bail, the copy of which is on record as Annexure-4 to the bail application. It is further submitted that the co-accused, Maharaj alias Maharaj Singh, has been granted anticipatory bail by this Court vide order dated 14.05.2025 in Bail No. 452 of 2025, a copy of which has been annexed as Annexure-5. The applicant, therefore, seeks parity with the co-accused. It appears from the record that in the case shown in the gang chart, the applicant was granted bail on 31.08.2024 (Annexure-4), whereas the gang chart appears to have been prepared subsequently in the month of April, 2025. This indicates that the gang chart was prepared without due application of mind. The applicant has no criminal antecedents.
Learned counsel further submits that the applicant undertakes to cooperate with the investigation and shall abide by all conditions that may be imposed by the Court. Learned A.G.A. has opposed the prayer for anticipatory bail stating that the investigation is still in progress.
Having regard to the facts and circumstances of the case, including the nature of accusation, the fact that the applicant is already on bail in the lone case shown in the gang chart, he has no criminal antecedents, and undertaking to cooperate with the investigation, and without expressing any opinion on the merits of the case, this Court is of the opinion that the liberty of the applicant deserves to be protected in view of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC OnLine SC 98. In view of the above, the application is allowed. It is provided that in the event of arrest, the applicant, Alok Yadav shall be released on anticipatory bail in the aforesaid case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned, subject to the following conditions: The applicant shall cooperate in the investigation and shall not influence the witnesses. The applicant shall remain present as and when required by the arresting officer/investigating officer/S.H.O. concerned for investigation/interrogation. The applicant shall not leave India without prior permission of the Court. In case of breach of any condition, it shall be open to the investigating agency to move an appropriate application for vacation of this protection.
Order Date :- 24.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench