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2025 DAILYLAW 156372 (ALL)

MUSTUFA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/989/2025 · 2025-08-06

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46077 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 989 of 2025 Applicant :- Mustufa Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ramesh Pratap Singh,Dilip Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Ramesh Pratap Singh, the learned counsel for the applicant, Shri S.P. Singh, learned State counsel and perused the records. 2. The instant application has been filed seeking release of the applicant on anticipatory bail in Case Crime No.0198 of 2025, under Sections 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Mankapur, District Gonda. 3. The gang chart mentions involvement of the applicant in a solitary case in Case Crime No.403 of 2024, under Sections 3/5A/8 of Prevention of Cow Slaughter Act and Section 11 of Animal Cruelty Act, Police Station Mankapur, District Gonda, in which he has been granted bail. Although the applicant is also involved in three other cases in which he has already been enlarged on bail, those cases are not the basis of the applicant's implication under the present case under the Gangster Act. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. It has also been stated in the affidavit filed in support of the bail application that the applicant is neither a leader nor member of any gang. 5. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 6. Having considered the aforesaid facts and circumstances of the case and the fact that the applicant has been granted bail in the case mentioned in the gang chart and in the other cases in which he is involved and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on anticipatory bail in the aforesaid crime. 7. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that 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; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. Order Date :- 6.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench