GULSHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER
ABAIL/1193/2025 · 2025-10-30
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 178475 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 178475 (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 438 CR.P.C. No. - 1193 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.Present Anticipatory bail application has been filed in case crime No.82 of 2020 under sections 2/3 U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Mitauli, district Lakhimpur Kheri. 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 single case has been shown in the gang chart. Only on that basis, the U.P. Gangsters & Anti Social Activities (Prevention) Act has been imposed upon the applicant. Ingredients to attract the said Act are missing. The applicant undertakes to cooperate in the trial. 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 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 shows that vague reason has been assigned while preparing the gang Versus Counsel for Applicant(s) : Jitendra Prakash Mishra Counsel for Opposite Party(s) : G.A. Gulsher .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
chart, it appears that because of criminal history of one case, the applicant has been implicated in the Gangsters Act in this case, charge sheet has been filed, the applicant was not arrested during investigation, and 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. 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 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. October 30, 2025 kkb/ ABAIL No. 1193 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench