RAM SHANKAR v. STATE OF U.P. THRU. PRIN. CHIEF SECY. HOME LKO AND ANOTHER
NABAIL/1979/2025 · 2025-12-11
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 179659 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 179659 (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. - 1979 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. 285 of 2025 under Section 2/3 of U.P. Gangster Act, P.S.-Deeh, District-Raebareli. 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 one case mentioned in the gang chart. In that case, applicant has been released on bail. The bail order is on record as Annexure No. 3 to the bail application. It is also contended on behalf of applicant that in the base case shown against applicant under NDPS Act, no recovery has been made from his possession. He has been made accused solely on the basis of confessional statement of the co-accused in the police custody. It is further submitted that the applicant has been made accused in this case merely because he has a criminal history of one case. The offence is punishable with a minimum sentence of two years. There appears to be no other ground to implicate the applicant in this case. The investigation is going on and the applicant undertakes to cooperate in the investigation. It is further submitted that the applicant is ready to furnish an undertaking in Versus Counsel for Applicant(s) : Saurabh Srivastava Counsel for Opposite Party(s) : G.A. Ram Shankar .....Applicant(s) State Of U.P. Thru. Prin. Chief Secy. Home Lko And Another .....Opposite Party(s)
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. Learned Additional Government Advocate has opposed the prayer made by the learned counsel for the applicant. Perused the record.
On due consideration of the facts, prima facie, it appears that only one case shown in the gang chart, the applicant has been enlarged on bail and the offence is punishable with a minimum sentence of two years, I find it to be a fit case for enlarging the applicant on anticipatory bail. 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 twenty 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. December 11, 2025 Vinay/- NABAIL No. 1979 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench