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2025 DAILYLAW 173290 (ALL)

DEEPAK @ ABHISHEK MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/1658/2025 · 2025-11-07

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. - 1658 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Present anticipatory bail application has been filed in Case Crime No.262 of 2025, under Section 2(B) (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, only one case has been shown against the applicant, in which he has already been enlarged on bail. The bail order is on record as Annexure No. 4 to the bail application. It is further submitted that the applicant has no other criminal antecedents. Learned counsel further submits that merely because the applicant has a criminal history of one case, he has been falsely implicated in the present case. 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 further submitted that co-accused Baij Nath Singh @ Dheeraj Singh has already been granted anticipatory bail by this Court vide order dated 4.11.2025 passed in Cri Misc Anticipatory Bail Application No.1658 2025. 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 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. Perused the record. Versus Counsel for Applicant(s) : Sudhir Kumar, Jagjeevan Prasad Counsel for Opposite Party(s) : G.A. Deepak @ Abhishek Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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. Further considering that only one case has been shown against the applicant, it appears that the provisions of the Gangsters Act have been invoked merely on account of his involvement in a solitary case. Prima facie, the applicant appears to have been dragged into this case and falsely implicated. Thus, in view of the aforesaid facts and circumstances, considering the parity with the bail order of co-accused Baij Nath Singh, as also 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 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 stands allowed on the ground of parity. November 7, 2025 Madhu D.R/P.S NABAIL No. 1658 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench