SHAHINA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NABAIL/1786/2025 · 2025-11-25
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 185603 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185603 (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. - 1786 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed by the applicants Shahina, Reshma and Abdul Ajij seeking anticipatory bail in F.I.R./Case Crime No. 173 of 2025, under Section 3(1) of the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Colonelganj, District Gonda. Heard learned counsel for the applicants and learned A.G.A. for the State. Submission of the learned counsel for the applicants is that applicant No. 1 is the daughter of applicant No. 3 and applicant No. 2 is the wife of applicant No. 3. The entire family of the applicants has been falsely implicated in this case only because of one case shown in the gang chart. Applicant No. 1 has no criminal antecedents. Applicant Nos. 2 and 3 have explained their criminal history in paragraph 10 of the bail application.
Learned counsel further submits that the co-accused, namely Akhtar @ Akhtar Ali has already been granted anticipatory bail by this Court vide order dated 28.10.2025 passed in Criminal Misc. Anticipatory Bail Application under Section 482 BNSS No. 1582 of
2025. Hence, the applicants seek parity with the said co-accused. Versus Counsel for Applicant(s) : Pankaj Kumar Singh Counsel for Opposite Party(s) : G.A. Shahina And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
Learned counsel for the applicants further submits that if the accused are granted anticipatory bail, they undertake to comply with all conditions imposed by the Court. They shall fully cooperate with the investigation and shall not misuse the liberty granted to them. Learned AGA has opposed the bail application but could not dispute that it is a case of parity. On due consideration of the bail order of the co-accused Akhtar @ Akhtar Ali, and the fact that the daughter and her parents have been implicated in this case only because of one case shown in the gang chart, in which anticipatory bail has already been granted by this Court, and also considering the undertaking given on behalf of the applicants to cooperate with the investigation, I am of the view that the applicants are 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 their full cooperation in the investigation. In view of the above, it is provided that in the event of arrest, the applicants shall be released on anticipatory bail in the aforesaid Case Crime number on their 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 applicants shall report to the investigating officer within twenty days from today. They shall cooperate in the investigation and shall not influence the witnesses. The accused-applicants shall remain present as and when the arresting officer/I.O./S.H.O. concerned calls them for investigation/interrogation.
NABAIL No. 1786 of 2025 2
The applicants shall not leave India without prior permission of the Court. The application is allowed on the ground of parity. November 25, 2025 Madhu D.R/P.S NABAIL No. 1786 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench