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2025 DAILYLAW 165773 (ALL)

SATYAM SINGH @ DEEPAK SINGH AND ANOTHER v. THE STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NABAIL/1326/2025 · 2025-09-24

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1326 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Rajendra Singh Chauhan, the learned counsel for the applicants, Sri Satyendra 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.0162 of 2025, under Section 2/3 of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station- Nasirabad, District-Raebareli. 3. The gang chart mentions involvement of the applicants in a solitary case, in which they have been granted bail. The applicants are not involved in any other case. It has also been submitted on behalf of the applicants that the co-accused Shivam Singh has already been granted anticipatory bail in the present case by this court by means of an order dated 16.09.2025, passed in Criminal Misc. Bail Application No.1250 of 2025. 4. In the affidavit filed in support of anticipatory 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 Versus Counsel for Applicant(s) : Rajendra Singh Chauhan, Manish Kumar Srivastava, Shubham Shukla Counsel for Opposite Party(s): G.A. Satyam Singh @ Deepak Singh And Another .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) applicants are neither leader nor members 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 a 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. 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 applicants will abscond and will not face the trial or that he is likely to commit any other offence in case they are granted 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 applicants are entitled to be granted anticipatory bail. 10. Accordingly, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicants- Satyam Singh @ Deepak Singh and Aman Singh before the learned Trial Court in the aforesaid case crime, they shall be released on bail on 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 NABAIL No. 1326 of 2025 2 (v). that the applicants shall not pressurize/ intimidate the prosecution witness. September 24, 2025 Ram. NABAIL No. 1326 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench