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2025 DAILYLAW 175492 (ALL)

ANAND KUMAR NAAG v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. GOVT. LKO.

NABAIL/1873/2025 · 2025-12-03

Karunesh Singh Pawar

body2025

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. - 1873 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. Present application has been filed seeking anticipatory bail in Case Crime No. 549 of 2025 under Section 3(1) of U.P. Gangster Act, P.S.-Deva, District-Barabanki. Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in the sole case mentioned in the gang chart. In that case, he has been released on bail. The bail order is on record as Annexure No. 4 to the bail application. Apart from the sole case mentioned in the gang chart, the applicant has no criminal antecedents. It has been submitted that a perusal of the gang chart shows that only because of one case mentioned in the gang chart applicant has been made accused in this case. The punishment for offence is upto two years. The applicant undertakes to cooperate in the investigation. It has been further submitted if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co-operate in speedy trial of the 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 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. Versus Counsel for Applicant(s) : Ali Moid, Akhilendra Pratap Singh, Suraj Kumar Counsel for Opposite Party(s) : G.A. Anand Kumar Naag .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Govt. Lko. .....Opposite Party(s) Learned Additional Government Advocate has opposed the prayer made by the learned counsel for the applicant. 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. On due consideration of the facts that prima facie it appears that in the sole case shown in the gang chart applicant has been enlarged on bail and ingredients to attract the offence under Section 3(1) of the U.P. Gangster Act appears to be missing, I find it to be a fit case for enlarging the applicant on anticipatory bail. 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. December 3, 2025 Vinay/- NABAIL No. 1873 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench