BIRJU PRASAD @ BIRJU @ CHULBUL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. OF U.P. LKO.
NABAIL/1693/2025 · 2025-11-12
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176517 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176517 (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. - 1693 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present bail application has been filed by the applicant apprehending his arrest in FIR/Case Crime No.366/2025, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, at Police Station - Lalganj, District Raebareli. Heard learned counsel for the applicant and learned A.G.A. for the State. 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 granted bail. A copy of the bail order has been filed as Annexure-4 to the bail application. Apart from the said solitary case, the applicant has no criminal history. It is further submitted that co-accused Suman @ Lilam, who stands on the same footing as the present applicant, has been granted anticipatory bail vide order dated 09.10.2025 passed in Anticipatory Bail Application No. 1464 of 2025. The applicant, therefore, claims parity with the said co-accused. It is also submitted that the applicant has cooperated during the course of investigation and further undertakes to cooperate in the investigation. Learned A.G.A. has opposed the application and has submitted that Versus Counsel for Applicant(s) : Surendra Kumar Mishra Counsel for Opposite Party(s) : G.A. Birju Prasad @ Birju @ Chulbul .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. .....Opposite Party(s)
the investigation is going on. On due consideration of the bail order passed in favour of co-accused Suman, as well as the facts that prima facie it appears that merely on the basis of criminal history of a single case the name of the applicant has been shown in the gang chart, and that there appears to be prima facie non-compliance of Rule 10(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021, this Court is of the considered opinion that, in view of the undertaking given on behalf of the applicant to cooperate with the investigation, the applicant is entitled to be granted anticipatory bail in the light of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his continued cooperation in the investigation.
In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- The applicant shall report to the investigating officer within ten days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. The application is allowed. November 12, 2025 Madhu D.R/P.S NABAIL No. 1693 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench