NAVI SARVAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NABAIL/1410/2025 · 2025-09-26
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167394 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167394 (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. - 1410 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Ms. Arti Shukla, the learned counsel for the applicant as well as Sri S.P. Singh, the learned counsel appearing on behalf of 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.0347 of 2025, under Sections 2/3(1) of U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Jaisinghpur, District Sultanpur. 3. The gang chart mentions involvement of the applicant in a total of 21 criminal cases, although only one case has been made the basis of imposition of Gansgster Act on the applicant. The applicant has been granted anticipatory bail in the solitary case which formed the basis of imposition of Gangster Act on him. A supplementary affidavit has been filed on behalf of the applicant showing his involvement in 20 other criminal cases, in 16 of which he has been granted bail and in 4 cases the applicant is not named. It has also been submitted on behalf of the applicant that a co-accused Sufiyan Khan has already been granted anticipatory bail in the present case by this court by means of an order dated 25.09.2025, passed in Criminal Misc. Anticipatory Bail Application No.1385 of 2025. 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. 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 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. Versus Counsel for Applicant(s) : Arti Shukla Counsel for Opposite Party(s) : G.A. Navi Sarvar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
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. Accordingly, the anticipatory bail application is allowed. 11. In the event of arrest/ appearance of applicant-Navi Sarvar before the learned Trial Court in the aforesaid case crime, he shall be released on 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 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' (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 26, 2025 Ram. NABAIL No. 1410 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench