RASHID v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND ANOTHER
/1906/2025 · 2025-12-04
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 184300 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184300 (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. - 1906 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. 318/2025, U/S:-3(1) U.P. Gangster Act and Anti-social activity prevention Act 1986, Police Station- Kursi, District- Barabanki. Heard learned counsel for the applicant and learned A.G.A. for the State. Submission of learned counsel for the applicant is that only two cases have been shown against the applicant in the gang chart, and in both matters, which pertain to petty offences, the applicant has already been granted bail. Copies of the bail orders have been filed collectively as Annexure-3 to the bail application. Other than these two cases reflected in the gang chart, the applicant has no criminal antecedents. It is urged that solely on the basis of these two cases, the applicant has been falsely implicated in the present matter, and prima facie the essential ingredients necessary to attract Section 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 are not made out. 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. Versus Counsel for Applicant(s) : Farooq Ayoob, Km. Pooja Tiwari Counsel for Opposite Party(s) : G.A. Rashid .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. And Another .....Opposite Party(s)
Learned AGA has opposed the bail application. Upon due consideration of the fact that the offences alleged carry a minimum punishment of three years, the prima facie ingredients required for invoking Section 3(1) of the aforesaid Act appear to be lacking, and having regard to the undertaking given on behalf of the applicant to cooperate with the investigation, this Court is of the considered view that the applicant is entitled to be granted anticipatory bail in light of the decision 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 continued 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. December 4, 2025 R.C.
NABAIL No. 1906 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench