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2025 DAILYLAW 185616 (ALL)

MANTU PANDEY v. STATE OF U.P. THRU. SECY. HOME DEPTT. U.P. GOVT. LKO. AND ANOTHER

NABAIL/1704/2025 · 2025-11-13

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. - 1704 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Present Anticipatory bail application has been filed in case crime No.413 of 2025 under section 3(1) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Fatehpur Chaurashi, district Unnao. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. Learned counsel for the applicant submits that in the gang chart, one case has been shown against the applicant. In that solitary case, the applicant has been enlarged on bail. The bail order is on record as Annexure No.4. Apart from the said case, there is no other case pending against the applicant. He further submits that only because the applicant has a criminal history of one case of the year 2024 he has been implicated in this case under Gangster Act without there being any ground for the same. The applicant undertakes that he shall cooperate in the investigation. It is also submitted that the applicant is ready to furnish an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on anticipatory bail, he shall not misuse the Versus Counsel for Applicant(s) : Amit Kumar Counsel for Opposite Party(s) : G.A. Mantu Pandey .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko. And Another .....Opposite Party(s) liberty of bail. Upon a query being made by this Court, learned A.G.A. submitted that the applicant has been implicated in the present case merely on account of having a criminal history of a single case of the year 2024. There appears to be no other ground or material brought forth or argued on behalf of the State to justify the implication of the applicant in the present case. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. Considering the above aspects of the matter and upon perusal of the record, prima facie, it appears that the applicant has been implicated in the present case under Section 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, merely on account of a single case of the year 2024. Having regard to the undertaking given on behalf of the applicant that he shall cooperate in the investigation, and without entering into the merits of the case, this Court finds it appropriate to grant protection to the applicant. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer. The applicant shall cooperate in the investigation and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. In case of default, it would be open for the investigating agency to proceed in accordance with law/ to move application for vacation of this order. The application is allowed accordingly. November 13, 2025 Madhu D.R/P.S NABAIL No. 1704 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench