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2025 DAILYLAW 174194 (ALL)

JITENDRA PRATAP YADAV @ CHHOTU v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER

NABAIL/1830/2025 · 2025-12-10

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. - 1830 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.Present Anticipatory bail application has been filed in case crime No.0285 of 2025, under sections 2/3 U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Deeh, district Raebareli. 2.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 3.Learned counsel for the applicant submits that one case is shown in the gang chart, in which the applicant has been enlarged on bail vide order contained in Annexure No.4 to the bail application.Apart from this case, the the applicant has a criminal history of one more case which has been explained in para 11 of the bail application. There is no other case pending against the applicant. It is submitted that in the case shown in the gang chart, the recovered quantity was below commercial. The applicant undertakes to cooperate in the investigation. 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. Gangsters & Anti Social Activities (Prevention) Act, 1986. It is further submitted that there is no possibility of the applicant of Versus Counsel for Applicant(s) : Mool Chandra, Abhishek, Durgesh Mishra Counsel for Opposite Party(s) : G.A. Jitendra Pratap Yadav @ Chhotu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another .....Opposite Party(s) fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. He submits that the investigation is going on. 5..Considering the above aspects of the matter, perusal of the record, prima facie it appears that only because the applicant has a criminal history of one case, he has been made accused in this case, prima facie ingredients to attract offence under sections 2/3 of Gangsters Act appear to be lacking, the undertaking given on behalf of the applicant that he shall cooperate in the investigation, and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 6. 6. In view of the above, it is provided that the applicant shall report to the concerned investigating officer, within 10 days from the date of receipt of a certified copy of this order. On such appearance, 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 investigating officer/SHO concerned. The applicant shall cooperate in the investigation and he will not influence the witnesses. 7. In case of default, it would be open for the investigating officer to proceed in accordance with law. 8. The application is allowed accordingly. December 10, 2025 kkb/ NABAIL No. 1830 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench