ABHISHEK CHAURASIYA @ ABHISHEK KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
/1882/2025 · 2025-12-02
body2025
DailyLaw.ai
[ 2025 DAILYLAW 173088 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 173088 (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. - 1882 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Present anticipatory bail application has been filed in Case Crime No.0262 of 2025, under Section 2(kha) (1)(11)/3(1) of the U.P. Gangsters and Anti- Social Activities (Prevention) Act, 1986, Police Station Wazirganj, District Lucknow. Heard learned counsel for the applicant, learned Additional Government Advocate for the State, and perused the record. Learned counsel for the applicant submits that in the gang chart, two cases have been shown against the applicant, in both the cases he has already been enlarged on bail. The bail orders are on record as Annexure Nos. 4 and 5 to the bail application collectively. It is further submitted that the applicant has no other criminal antecedents. It is further submitted that co-accused Baij Nath Singh @ Dheeraj Singh and Deepak @ Abhishek Mishra have been granted bail by this Court vide orders dated 4.11.2025 and 7.11.2025, the copies of the bail orders have been collectively annexed as Annexure-6 to the bail application. The applicant seeks parity with the bail orders of the said co-accused persons. It is further submitted that the applicant is ready to furnish an undertaking in compliance with the requirement of Section 19(4)(b) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. It is also submitted that there is no likelihood of the applicant fleeing from the course of justice or tampering with the prosecution witnesses. In case the applicant is enlarged Versus Counsel for Applicant(s) : Pankaj Kumar, Krishan Bhushan Tripathi Counsel for Opposite Party(s) : G.A. Abhishek Chaurasiya @ Abhishek Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)
on bail, he undertakes not to misuse the liberty of bail. Learned Additional Government Advocate has opposed the prayer made by the learned counsel for the applicant but could not dispute that it is a case of parity. Perused the record. Perusal of the record and the gang chart indicates that the same has been prepared in violation of Rule 5(3)(a) of the U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021, as no joint meeting of the district authorities appears to have been conducted.
Thus, in view of the aforesaid facts and circumstances, bail orders of the co- accused persons named above, as also considering the judgment of the Hon'ble Supreme Court in Sushila Aggarwal and Others vs. State (NCT of Delhi) and Another, (2020) 5 SCC 1, and without expressing any opinion on the merits of the case, this Court finds it appropriate to extend the protection of anticipatory bail to the applicant. Accordingly, it is provided that the applicant shall surrender before the concerned court within twenty days from the date of receipt of a certified copy of this order. Upon such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and shall not attempt to influence the witnesses. He shall not leave India without the prior permission of the Court. The trial court shall be at liberty to impose any other condition it deems fit and proper. In case of default, it shall be open for the trial court to proceed in accordance with law. The application is allowed accordingly. December 2, 2025 Madhu D.R/P.S NABAIL No. 1882 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench