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2025 DAILYLAW 164480 (ALL)

SHUBHAM MISHRA @ CHINTU @ SINTU v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

NABAIL/1262/2025 · 2025-09-19

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1262 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. In view of the proposed order being passed, notices to respondent No.2 is dispensed with. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. The present bail application has been filed seeking anticipatory bail in case crime No.134 of 2025, under Sections 2/3 of U.P. Gangster & Antisocial (Prevention) Act, P.S. Harchandpur, District Raebareli. 4. Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in this case. In the base case, nothing incriminating was recovered from him. The alleged vehicle has shown to be purchased by the applicant without any evidence. No test identification parade has been conducted. Applicant is innocent. Applicant has explained the criminal history of one more case in the supplementary affidavit. 5. Learned A.G.A. has opposed the prayer made by learned counsel for the applicant submitting that the investigation is going on. 6. Learned counsel for the applicant further submits that he will cooperate in the investigation. 7. Without expressing any opinion on the merits of the case and considering the nature of accusation and role assigned to the applicant, undertaking given Versus Counsel for Applicant(s) : Dharmendra Kumar Trivedi Counsel for Opposite Party(s) : G.A. Shubham Mishra @ Chintu @ Sintu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) by the applicant, applicant has explained the criminal history in para 29 and 30 of the bail application, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 8. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. 9. The application stands allowed. September 19, 2025 Saurabh Yadav/- NABAIL No. 1262 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench