Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 177665 (ALL)

ANKIT YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/1324/2025 · 2025-12-08

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 438 CR.P.C. No. - 1324 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.Present Anticipatory bail application has been filed in case crime No.456 of 2022 under sections 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Krishna Nagar, district Lucknow. 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 in the gang chart, two cases have been shown against the applicant. In those two cases the applicant has been enlarged on bail. The bail order is on record as Annexure Nos.2 and 3. Apart from the said case, there is no other case pending against the applicant. The applicant undertakes that he shall cooperate in the trial. It is further submitted that the applicant was granted arrest stay vide order dated 24.1.2023 passed by a Division Bench of this court in Cr. Misc. W.P. No.8613 of 2022 (Annexure-5). Charge sheet has been filed. The applicant has cooperated 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) : Nitin Dwivedi, Amit Sachan Counsel for Opposite Party(s) : G.A. Ankit Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 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. 4. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 5..Considering the above aspects of the matter, perusal of the record, order passed by the Division Bench, referred to above, charge sheet has been filed, the applicant has cooperated during investigation, the undertaking given on behalf of the applicant that he shall cooperate in the trial, judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 7. 7. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 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 trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 8. In case of default, it would be open for the trial court to proceed in accordance with law. 9. The application is allowed accordingly. December 8, 2025 kkb/ ABAIL No. 1324 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench