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2025 DAILYLAW 160445 (ALL)

ANWAR PRADHAN AND 2 OTHERS v. STATE OF U.P.THRU. SECY. HOME LKO.

ABAIL/950/2025 · 2025-08-29

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 950 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Narendra Gupta, the learned counsel for the applicanta, Shri Satendra Srivastava, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicants on anticipatory bail in Case Crime No.12 of 2024, under Sections 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station- Thangaon, District- Sitapur. 3. The gang chart mentions involvement of the applicants in a solitary case, in which they have been granted anticipatory bail. The applicants are not involved in any other case. 4. In the affidavit filed in support of bail application it has been stated that the applicants are innocent and they have been falsely implicated in the present case. It has also been stated in the affidavit filed in support of the bail application that the applicants are 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. Prima facie it appears that the applicants have been implicated in the present case merely because they have criminal history. There appears to be no reasonable ground for prima facie believing that the applicants are guilty of the offence alleged. 7. The minimum punishment which can be imposed in case of the applicants' conviction is imprisonment for two years. Versus Counsel for Applicant(s) : Narendra Gupta Counsel for Opposite Party(s) : G.A. Anwar Pradhan And 2 Others .....Applicant(s) State Of U.P.Thru. Secy. Home Lko. .....Opposite Party(s) 8. There is nothing on record which may give rise to a reasonable apprehension that the applicants may tamper with the evidence or influence the witnesses or that the applicants will abscond and will not face the trial or that they are likely to commit any other offence in case they are released on bail. 9. In view of the aforesaid discussion, without expressing any opinion on the merits of the case, this Court is of the view that the applicants are entitled to be released on anticipatory bail. 8. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicants 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 applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicants 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 applicants shall not leave India without the previous permission of the court. (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicants shall not pressurize/ intimidate the prosecution witness. August 29, 2025 -Amit K- ABAIL No. 950 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench