SONU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. U.P.
ABAIL/968/2025 · 2025-09-04
Subhash Vidyarthi
body2025
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[ 2025 DAILYLAW 162050 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 162050 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 968 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Syed Ahmad Mehdi, the learned counsel for the applicant, Shri Angad Kumar Viswakarma, learned A.G.A. for the State and perused the records. The supplementary affidavit filed today in court is taken on record. 2. The instant application has been filed seeking release of the applicant on anticipatory bail in Case Crime No.3 of 2020, under Sections 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Baskhari, District Ambedkar Nagar. 3. The gang chart mentions involvement of the applicant in two cases, in which he has been granted bail. The applicant is involved in two other cases also, in one which he has already been granted bail and in other case the applicant has not been summoned as yet. 4. 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 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. Versus Counsel for Applicant(s) : Syed Ahmad Mehdi Counsel for Opposite Party(s) : G.A. Sonu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. U.P. .....Opposite Party(s)
6. Prima facie it appears that the applicant has been implicated in the present case merely because he has a criminal history. There appears to be no reasonable ground for prima facie believing that the applicant is guilty of the offence alleged. 7. The minimum punishment which can be imposed in case of the applicant's conviction is imprisonment for two years. 8. There is nothing on record which may give rise to a reasonable apprehension that the applicant may tamper with the evidence or influence the witnesses or that the applicant will abscond and will not face the trial or that he is likely to commit any other offence in case he is 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 applicant is entitled to be granted anticipatory bail. 10. Accordingly the anticipatory bail application is allowed. In the event of arrest/ appearance of applicant-Sonu before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his 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 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 ABAIL No. 968 of 2025 2
(v). that the applicant shall not pressurize/ intimidate the prosecution witness. September 4, 2025 Ram. ABAIL No. 968 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench