ASGAR v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.
/1356/2025 · 2025-12-09
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 179907 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 179907 (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. - 1356 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Dinesh Kumar, learned counsel for the applicant and Shri Mayank Sinha, learned A.G.A. appearing on behalf of the State and perused the record
2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.12/2024 , under Section 3(1) of UP Gangsters & Anti Social Activities (Prevention) Act, registered at Police Station- Thangaon, District- Sitapur. 3. This is the second anticipatory bail application filed on behalf of the applicant. His first anticipatory bail application bearing Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.876 of 2025 was rejected by means of an order dated 21.08.2025 as the applicant had approached this Court directly without first approaching Sessions Court for granting anticipatory bail. Thereafter, the applicant filed an application for grant of anticipatory bail before the Sessions Court which was rejected by means of an order dated 29.10.2025. 4. The aforesaid FIR has been registered on 08.01.2024 against 15 persons including the applicant wherein, the informant, who is the Inspector In-charge of the police station concerned had stated that while he was engaged in preventing offences, checking suspicious persons, vehicles and pending investigations on 08.01.2024, he came to know from Versus Counsel for Applicant(s) : Dinesh Kumar, Ajeet Singh Counsel for Opposite Party(s) : G.A. Asgar .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. .....Opposite Party(s)
the members of the public at large as well as from a mukhbir that the accused persons have formed a gang and they are indulged in commission of offences. FIR No.205/2022 under Section 3/5/8 of Prevention of Cow Slaughter Act and Section 11(1) of Prevention of Animal Cruelty Act, Police Station- Thangaon, District- Sitapur had been lodged by the Station House Officer against the accused persons. 5. Learned AGA has produced a copy of the gang chart for preview of the case which shows the involvement of the applicant in one case bearing FIR No.205/2022 under Section 3/5/8 of Prevention of Cow Slaughter Act and Section 11(1) of Prevention of Animal Cruelty Act, Police Station- Thangaon, District- Sitapur.
The gang chart was prepared by the informant himself i.e. Inspector In-charge, on 02.12.2023 which was forwarded to the Circle Officer concerned on the same day i.e. 02.12.2023 and the same was approved by the Superintendent of Police concerned and District Magistrate concerned on 02.01.2024, from which, it appears that the averment made in the FIR that the informant came to know about the involvement of the gang in commission of offences on the date of the lodging of FIR i.e. on 08.01.2024 from the members of public and Mukhbir is false as he himself had prepared the gang chart way back on 02.12.2023. 6. The applicant has already been granted anticipatory bail in the solitary case mentioned in the gang chart against him by means of an order dated 24.10.2024 passed by a Coordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application No.2426 of 2024. The applicant's involvement in another case has been disclosed in the affidavit filed in support of the present application, in which, he has been granted bail by means of an order dated 30.04.2025 passed by the Sessions Judge, Balrampur. 7. The learned A.G.A. has opposed the anticipatory bail application. 8. Having considered the facts and circumstances of the case, I am of the considered view that the applicant is entitled to be granted anticipatory bail. 9. In view of the above, the anticipatory bail application of the applicant ABAIL No. 1356 of 2025 2
is allowed. In the event of arrest/ appearance of applicant- Asgar before the learned Trial Court in the aforesaid case crime, he shall be released on bail on furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i).
that the applicant shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. December 9, 2025 V. Sinha ABAIL No. 1356 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench