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2025 DAILYLAW 165473 (ALL)

SUHEL AND 3 OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO.

NABAIL/1315/2025 · 2025-09-19

Subhash Vidyarthi

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1315 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Narendra Gupta, the learned counsel for the applicant, Shri Krishna Kant Yadav, learned State Counsel and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.165 of 2025, under Sections 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station- Sadarpur, District- Sitapur. 3. At the outset, the learned counsel for the applicant has stated that the applicant No.2-Mujeeb Khan has been arrested and the instant application in respect of him has become infructuous. Therefore, he does not want press the application on behalf of the applicant No.2 and he presses the application for the applicant Nos.1, 3 and 4 only. 4. The gang chart mentions involvement of the applicant Nos.1, 3 and 4 in a solitary case, in which all of them have been granted bail in that case. 5. 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 leader nor members of any gang. 6. A co-accused person- Pappu has been granted anticipatory bail by means of an order dated 17.09.2025 passed by this Court in Crl. Misc. Anticipatory Bail Application u/S 482 BNSS No.1282 of 2025. 7. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 8. Prima facie it appears that the applicant Nos.1, 3 and 4 have been implicated in the present case merely because they have a criminal history. There appears to be no reasonable ground for prima facie believing that the Versus Counsel for Applicant(s) : Narendra Gupta Counsel for Opposite Party(s) : G.A. Suhel And 3 Others .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) applicant Nos.1, 3 and 4 are guilty of the offence alleged. 9. The minimum punishment which can be imposed in case of the applicants' conviction is imprisonment for two years. 10. There is nothing on record which may give rise to a reasonable apprehension that the applicant Nos.1, 3 and 4 may tamper with the evidence or influence the witnesses or that the applicant Nos.1, 3 and 4 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. 11. In view of the aforesaid discussion, without expressing any opinion on the merits of the case, this Court is of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant Nos.1, 3 and 4. 12. In view of the above, the anticipatory bail application of the applicant Nos.1, 3 and 4 is allowed. In the event of arrest/ appearance of applicant Nos.1, 3 and 4- Suhel, Mohammad Aklam and Mohd. Aslam before the learned Trial Court in the aforesaid case crime, he/she shall be released on bail on his/her 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 himself/herself 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. September 19, 2025 -Amit K- NABAIL No. 1315 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench