Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 163676 (ALL)

ASHISH PRATAP SINGH AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. GOVT. LKO. U.P. AND ANOTHER

ABAIL/990/2025 · 2025-09-10

Subhash Vidyarthi

body2025

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. - 990 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Jaibind Singh Rathour, the learned counsel for the applicants, Shri Mayank Sinha, learned A.G.A. for the State and perused the records. 2. The instant application has been filed by the applicants seeking anticipatory bail in F.I.R./Case Crime No.472 of 2022, under Sections 2/3 of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station- Gurubuxganj, District- Raebareli. 3. The gang chart mentions involvement of the applicant in a solitary case under Sections 386/323/504/506 IPC. It has been stated in the affidavit that in the said case, the offence stands compounded by means of an order dated 09.03.2024 passed by Ld. IV-A.C.J.M., Raebareli in Case No.32838 of 2023. 4. A co-accused Rajat Singh @ Rajat has been granted anticipatory bail in the present case by means of an order dated 16.06.2025 passed by a Co-ordinate Bench of this Court in Crl. Misc. Anticipatory Bail Application u/S 438 Cr.P.C. No.661 of 2025. 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 applicant has been implicated in the present case merely because he has a criminal history. The offence alleged already stands compounded. 7. The minimum punishment which can be imposed in case of the Versus Counsel for Applicant(s) : Jaibind Singh Rathour, Kartik Rawat Counsel for Opposite Party(s) : G.A. Ashish Pratap Singh And Another .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Govt. Lko. U.P. And Another .....Opposite Party(s) 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 anticipatory 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 released on bail. 10. Having considered the aforesaid facts and circumstances 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. 11. 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. September 10, 2025 -Amit K- ABAIL No. 990 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench