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2025 DAILYLAW 184319 (ALL)

UDAY KUMAR KESARWANI v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.

NABAIL/1665/2025 · 2025-11-07

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. - 1665 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. 165/2025, under section 2/3 U.P. Gangster Act, P.S. Hathigawan, District-Pratapgarh. Heard learned counsel for the applicant and learned A.G.A. for the State. 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 the sole case mentioned in the gang chart. It is stated that in the said case, the applicant has already been granted bail, and a copy of the bail order has been filed as Annexure No. 4 to the bail application. Apart from the single case mentioned in the gang chart, there is no other case pending against the applicant. It is further submitted that the applicant has been falsely implicated. He may have been falsely implicated. 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) : Chhaya Tripathi Counsel for Opposite Party(s) : G.A. Uday Kumar Kesarwani .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) Learned AGA has opposed the bail application submitting that the investigation is going on. Having considered the facts of the case, it appears that in the only case mentioned in the gang chart which is of trivial nature, the applicant has already been granted bail and also considering the undertaking given on behalf of the applicant to cooperate with the investigation, I am of the view that the applicant is entitled to be released on anticipatory bail in this case, 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, subject to his full 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 10 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 7, 2025 R.C. NABAIL No. 1665 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench