RAJU @ RAJOLI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
NABAIL/1339/2025 · 2025-09-24
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166239 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166239 (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 482 BNSS No. - 1339 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Dhirendra Pratap Singh, the learned counsel for the applicant, Sri Angad Kumar Vishwakarma, learned AGA for the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No. 0213/2025, under Section 2/3 of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Dalmau, Raebareli. 3. The gang chart mentions involvement of the applicant in a solitary case in which he has been granted bail. The applicant's involvement in two other cases has been disclosed in paragraph- 13 of the affidavit filed in support of the application, in one of which he has been granted anticipatory bail and in other case the police has released the applicant on furnishing a personal bond and sureties. 4. In the affidavit filed in support of 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. Versus Counsel for Applicant(s) : Dhirendra Pratap Singh Counsel for Opposite Party(s) : G.A. Raju @ Rajoli .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
5. The learned AGA has opposed the application 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. 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 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 applicant is entitled to be granted anticipatory bail. 10. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Raju @ Rajoli before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on furnishing a 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. NABAIL No. 1339 of 2025 2
(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 24, 2025 Pradeep/- NABAIL No. 1339 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench