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2025 DAILYLAW 173279 (ALL)

ABDUL MOMIN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO.

/1847/2025 · 2025-11-27

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1847 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State, and perused the record. Present anticipatory bail application has been filed in Case Crime No. 0262 of 2025 under Sections 2(b)(i), 2(b)(xi) & 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Wazirganj, District-Lucknow. Learned counsel for the applicant submits that in the gang chart, three cases have been shown against the applicant, in all the cases he has already been enlarged on bail. The bail orders are on record as Annexure No. 4 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, Deepak @ Abhishek Mishra and Arun Verma @ Arun have been granted anticipatory bail by this Court vide orders dated 4.11.2025, 7.11.2025 and 13.11.2025. 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 Versus Counsel for Applicant(s) : Atul Kumar Mishra, Ashish Kumar Singh Counsel for Opposite Party(s) : G.A. Abdul Momin .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s) 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 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. Prima facie, the applicant appears to have been dragged into this case and falsely implicated. Thus, in view of the aforesaid facts and circumstances, bail orders of the co- accused persons named above it appears that role assigned to the applicant is similar to the role to that co-accused, applicant is on bail, he has no other criminal antecedents 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 ten 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 on the ground of parity. November 27, 2025 Vinay/- NABAIL No. 1847 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench