Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 183012 (ALL)

RIZWAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NABAIL/1801/2025 · 2025-11-26

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 482 BNSS No. - 1801 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in case crime FIR No.347/2025, Under Sections: 2/3(1) U.P. Gangsters and Anti-Social Activities (Prevention) Act Police Station- Jaisinghpur, District- Sultanpur. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that only one case is shown in the gang chart, in which the applicant has already been granted bail. Apart from that solitary case, there is one more pending case against the applicant, which pertains to a minor offence, and in that matter as well, the applicant has been released on bail. It is further submitted that the co-accused, Navi Sarvar, who is attributed with a similar role, has been granted anticipatory bail by this Court vide order dated 26.09.2025 passed in Criminal Misc. Anticipatory Bail Application under Section 482 BNSS No. 1410 of 2025. On the basis of parity, the applicant also seeks similar benefit. Learned AGA has opposed the bail application. Having considered the order granting bail to the co-accused, Navi Sarvar, the fact that in both the cases pending against the applicant he has already Versus Counsel for Applicant(s) : Arti Shukla Counsel for Opposite Party(s) : G.A. Rizwan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) been enlarged on bail, and taking into account the undertaking furnished on his behalf to fully cooperate with the investigation, I am of the considered view that the applicant deserves to be enlarged on anticipatory bail. Accordingly, in light of the judgment of the Hon’ble Supreme Court in S ushila Aggarwal and others vs. State (NCT of Delhi) and another (2020) 5 SCC 1, the applicant is entitled to anticipatory bail, subject to his cooperation in the 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 26, 2025 R.C. NABAIL No. 1801 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench