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2025 DAILYLAW 167207 (ALL)

RAJU @ SAHID v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

ABAIL/1088/2025 · 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 438 CR.P.C. No. - 1088 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Aman Kumar Srivastava, learned counsel for the applicant, Sri Amit Kumar Dwivedi, learned A.G.A. for the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.32 of 2022, under Sections 2(B)17/3 of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station- Dhaurahra, District- Kheri. 3. The gang chart mentions involvement of the applicant in a solitary case, in which he has been granted bail. The applicant had challenged the validity of the FIR by filing Criminal Misc. Writ Petition No.1002/2022 and his arrest was stayed till filing of charge-sheet by means of an order dated 02.03.2022 passed by the Division Bench of this Court. The charge sheet has been filed on 24.09.2024. 4. In the affidavit filed in support of anticipatory 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 anticipatory bail application that the applicant is neither a leader nor member of any gang. 5. The learned A.G.A. has opposed the prayer for anticipatory bail Versus Counsel for Applicant(s) : Aman Kumar Shrivastav Counsel for Opposite Party(s) : G.A. Raju @ Sahid .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s) but he could not dispute the aforesaid aspects of the matter. 6. Having considered the aforesaid facts and circumstances of the case and the fact that the applicant has been granted bail in a solitary case mentioned in the gang chart and that the applicant has no previous criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 7. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Raju @ Sahid before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his 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 themselves 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 24, 2025 V. Sinha ABAIL No. 1088 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench