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2025 DAILYLAW 185790 (ALL)

MOHIT KUMAR @ MOHIT RAWAT v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

NABAIL/1499/2025 · 2025-10-29

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. - 1499 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Counter Affidavit filed by learned A.G.A. is taken on record. Heard learned Counsel for the applicant and learned A.G.A. for the State/respondent as well as perused the record. The present application has been filed seeking anticipatory bail in case crime No.177 of 2025, under Section 2 & 3 of U.P. Gangster and Anti social activities (Prevention) Act, Police Station Nigoha, District Lucknow. Learned counsel for the accused-applicant submits that in the gang chart the applicant has criminal history of six cases. In all these cases the applicant has been granted bail, a copy of the bail order has been filed as Annexure No. 4 to the bail application. Apart from the said cases there is no other criminal history of the applicant. It is submitted that a perusal of the gang chart shows that no joint meeting has been conducted by the District authorities while preparing the gang chart. Co-accused Raj Kumar @ Lalchandra @ Lal Chandan has been granted anticipatory bail by this court vide order dated 17.10.2025 passed in Crl. Misc. Anticipatory Bail Application No.1516 of 2025. The applicant claims parity with the bail order of said co-accused. 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 A.G.A. has opposed the bail application. Versus Counsel for Applicant(s) : Aditya Tiwari Counsel for Opposite Party(s) : G.A. Mohit Kumar @ Mohit Rawat .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) Perused the record so also the gang chart. A perusal of the gang chart shows that the same has been prepared in violation of Rule 5(3)(a) of U.P. Gangsters & Anti Social Activities (Prevention) Rules, 2021 as there is no joint meeting of the district authorities; rather the authorities have signed the gang chart on different dates. Considering the above aspects of the matter; perusal of the record; the manner in which the gang chart has been approved,; the applicant has already been granted bail in the cases shown in the gang chart; the co- accused, namely Raj Kumar @ Lalchandra @ Lal Chandan has been enlarged on anticipatory 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 ten 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. October 29, 2025 Madhu D.R/P.S NABAIL No. 1499 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench