ASHISH SINGH @ VISHU SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/1802/2025 · 2025-11-26
body2025
DailyLaw.ai
[ 2025 DAILYLAW 184033 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184033 (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. - 1802 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 no. 221/2025, Under Sections- 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station-Kauriya District- Gonda. Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant submits that only one case has been shown in the gang chart, in which the applicant has already been granted bail. The bail order has been annexed as Annexure No. 4 to the bail application. It is further argued that no offence, as alleged in the FIR, is made out against the applicant, as the essential ingredients required to constitute the offence are absent. Except the case shown in the gang chart, the applicant has no criminal antecedents.
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. Perused the record. Versus Counsel for Applicant(s) : Pankaj Kumar Shukla Counsel for Opposite Party(s) : G.A. Ashish Singh @ Vishu Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
Upon consideration of the submissions and perusal of the material available on record, it appears that the applicant has been implicated solely on account of a solitary case shown in the gang chart. Prima facie, the ingredients to attract the offences alleged in the FIR are missing. Having regard to the undertaking furnished on behalf of the applicant to cooperate in the investigation, this Court is of the view that the applicant deserves to be granted anticipatory bail. Accordingly, in light 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, the applicant is entitled to anticipatory bail subject to his full cooperation with 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. 1802 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench