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2025 DAILYLAW 180352 (ALL)

SARVJEET v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO.

NABAIL/1594/2025 · 2025-11-03

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1594 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in F.I.R./Case Crime No. 212/2025, U/s-2(b)(i)/3 U.P. Gangster and Anti Social Activities (Prevention) Act, P.S Uchaulia District- Lakhimpur Kheri. Heard learned counsel for the applicant and learned A.G.A. for the State. Supplementary affidavit filed by learned counsel for the applicant is taken on record. Learned counsel for the accused-applicant, while pressing the present bail application, submits that the applicant has been falsely implicated in the instant case as well as in both the cases mentioned in the gang chart. It is stated that in those cases, the applicant has already been granted bail, and copies of the bail orders have been filed as Annexure No. 5 collectively to the bail application. Apart from the cases mentioned in the gang chart, there are five other cases of a trivial nature pending against the applicant, which have been duly explained in the supplementary affidavit. Learned counsel further submits that the co-accused, namely Dampy and another and Ashish Gupta @ Shaka have already been granted anticipatory bail by this Court vide orders dated 26.09.2025 and 24.09.2025 passed in Criminal Misc. Anticipatory Bail Application under Section 482 BNSS No. 1370 of 2025 and 1308 of 2025. Hence, the applicant seeks parity with the Versus Counsel for Applicant(s) : Amit Kumar Awasthi, Anand Kumar Shukla Counsel for Opposite Party(s) : G.A. Sarvjeet .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. .....Opposite Party(s) co-accused. Learned counsel for the applicant further submits that if the accused is granted anticipatory bail, he undertakes to comply with all conditions imposed by the Court. He shall fully cooperate with the investigation and shall not misuse the liberty granted to him. Learned AGA has opposed the bail application. Upon consideration of the gang chart, it is evident that no joint meeting appears to have been conducted prior to its approval, thereby rendering it prima facie violative of Rule 5(3) of the Gangster Rules. Taking into account that the co-accused have already been granted anticipatory bail; in the cases mentioned in the gang chart, he has been enlarged on bail; the applicant has also explained criminal history of five cases in the supplementary affidavit, and considering the undertaking furnished on behalf of the applicant to cooperate with the investigation, I am of the opinion that the applicant deserves to be released on anticipatory bail in the present case, in view 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 full cooperation during the course of 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 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 November 3, 2025/R.C. NABAIL No. 1594 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench