SUHEL AHMAD @ SUHEL MISTRY v. THE STATE OF U.P. THRU. ITS ADDL. CHIEF/ PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NABAIL/1792/2025 · 2025-11-25
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 185965 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185965 (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. - 1792 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.203 of 2025, under Sections 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Tulsipur, District Balrampur. Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the accused-applicant submits that in the gang chart, two cases have been shown against the applicant. In both these cases, the applicant has already been granted bail, and the respective bail orders have been filed as Annexure Nos. 3 and 4 to the application. The applicant has explained the criminal history of three cases in the bail application, and the bail orders pertaining to these three cases have been annexed collectively as Annexure-5 to the bail application. It is further submitted that co-accused Guddu Pandey has already been granted anticipatory bail vide order dated 15.10.2025 passed in Criminal Misc. Anticipatory Bail Application under Section 482 BNSS No. 1518 of 2025. He seeks parity with the bail order of the said co- accused. 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. Versus Counsel for Applicant(s) : Iqbal Ahmad Counsel for Opposite Party(s) : G.A. Suhel Ahmad @ Suhel Mistry .....Applicant(s) The State Of U.P. Thru. Its Addl. Chief/ Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
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., however, opposes the bail application, contending that the investigation is still pending. Having considered the bail order passed in favour of co-accused Guddu Pandey, the fact that the applicant has already been enlarged on bail in the cases shown in the gang chart, the explanation of the criminal history of the remaining three cases, and the undertaking furnished by the applicant to cooperate in the investigation, I am of the view that the applicant deserves to be granted anticipatory bail in the present case, in light of the law laid down by the Hon'ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his 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. November 25, 2025 Madhu D.R/P.S NABAIL No. 1792 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench