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2025 DAILYLAW 157742 (ALL)

ABHISHEK SINGH @ ANSHU SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME U.P. LKO.

NABAIL/1032/2025 · 2025-08-14

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47753 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1032 of 2025 Applicant :- Abhishek Singh @ Anshu Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. Counsel for Applicant :- Ishan Baghel,Deepti Singh,Shekhar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ishan Baghel, the learned counsel for the applicant, Sri Ayush Sharma, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on anticipatory bail in Case Crime No.0078 of 2025, under Sections 2 & 3 of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Kotwali City, District Pratapgarh. 3. The affidavit in support of the anticipatory bail application has been filed by Shri Rajesh Kumar Singh, the father of the applicant. In para 7 of the affidavit, it has been stated that the applicant is suffering from mental health issues due to which he has been admitted to the hospital since 21.01.2025 and it is apprehended that he will remain hospitalized for several months. For this reason, the applicant is unable to come to this Court to verify the affidavit filed in support of the anticipatory bail application and his father has filed the affidavit on his behalf. 4. A certificate issued by Svadhyaya Neuro Psychiatric Hospital Pvt. Ltd. has been annexed with the anticipatory bail application wherein it has been stated that the applicant has been admitted to the hospital since 22.01.2025 for treatment of adjustment disorder and it has been opined that he will likely to remain in the hospital for minimum 8 months. 5. Keeping in view the long hospitalization of the applicant, makes out an exceptional case for accepting the affidavit filed by the applicant's father on his behalf. 6. The gang chart mentions involvement of the applicant in three cases, in which he has been granted bail. 7. In the affidavit filed in support of anticipatory 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 anticipatory bail application that the applicant is neither a leader nor member of any gang. 8. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 9. Having considered the aforesaid facts and circumstances of the case and the fact that the applicant has been granted bail in the cases mentioned in the gang chart 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. 10. In view of the above, the anticipatory bail application of the applicants 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 :- 14.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench