MOHD. WAIS v. STATE OF U.P. THRU. PRIN.SECY. HOME LKO. AND ANOTHER
/1821/2025 · 2025-11-27
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 173311 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 173311 (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. - 1821 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in FIR/Case Crime No.0278 of 2025 under Section 3(1) U.P. Gangster Act, 1986, Police Station Jaidpur, District Barabanki. Submission of the learned counsel for the applicant is that although six cases are shown against him in the gang chart, however, the details of only three cases have been provided while preparing the gang chart. The applicant has one more criminal history case, which has been explained in paragraph 11 of the bail application. In all the three cases shown in the gang chart, the applicant has already been granted bail, collectively filed as Annexure-4 to the bail application. It is further submitted that all the three cases have been imposed on the applicant on the basis of a single recovery. The applicant undertakes that he shall cooperate in the trial. It is also submitted that the applicant is ready to furnish an undertaking in terms of requirement of Section 19(4)(b) of U.P. Versus Counsel for Applicant(s) : Ashish Shukla, Gaurav Mishra, Jainendra Singh Counsel for Opposite Party(s): G.A. Mohd. Wais .....Applicant(s) State Of U.P. Thru. Prin.Secy. Home Lko. And Another .....Opposite Party(s)
Gangsters & Anti Social Activities (Prevention) Act, 1986. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on anticipatory bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer made by the applicant’s counsel. However, from the record, he could not show the details of six cases mentioned in the gang chart. Perused the record, as well as the bail orders of the two co- accused, namely Saddam @ Saddam Quraishi and Shafaq, who have already been granted anticipatory bail by this coordinate bench of the Court vide order dated 24.09.2025 in NABAIL Applications No.1363/2025 and 1364/2025, respectively (Annexure-6 to the bail application).
On due consideration of the fact that, prima facie, all the three cases shown in the gang chart against the applicant appear to have been slapped on him at once, coupled with the fact that the co-accused have already been granted anticipatory bail by a coordinate Bench of this Court, this Court does not find any ground to believe that the applicant is guilty of the offence. The minimum punishment prescribed in this case is two years. Considering the undertaking given on behalf of the applicant that he shall cooperate in the trial, and without entering into the merits of the case, it would be appropriate to grant protection to the applicant. In view of the above, 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. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/trial court. The applicant shall cooperate in the investigation/trial and he will not influence the witnesses.The applicant shall not leave India NABAIL No. 1821 of 2025 2
without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. In case of default, it would be open for the trial court to proceed in accordance with law. The application is allowed accordingly. November 27, 2025 Madhu D.R/P.S NABAIL No. 1821 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench