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2025 DAILYLAW 158881 (ALL)

SUBHASH KUMAR RAWAT ALIAS SUBHASH RAWAT v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

NABAIL/1057/2025 · 2025-08-21

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49178 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1057 of 2025 Applicant :- Subhash Kumar Rawat Alias Subhash Rawat Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anil Singh,Aayush Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Anil Singh, 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 bail in Case Crime No. 0231 of 2025, under Sections 2/3 of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Banthara, District Lucknow. 3. The gang chart mentions involvement of the applicant in two cases, in which he has been granted bail. 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 and he has no other criminal history. 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 State counsel 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 two cases mentioned in the gang chart and that he has no other criminal history, 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 granting anticipatory bail to the applicant. 7. 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 :- 21.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench