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2025 DAILYLAW 186280 (ALL)

AWADHESH KUMAR PANDEY @ AWADHESH KUMAR v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER

/1770/2025 · 2025-11-20

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1770 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.-150/2025, Under Sections-3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that one case has been shown against the applicant in the gang chart and in that case he has already been granted bail in that matter. The bail order has been filed as Annexure No. 4 to the bail application. Besides this, the applicant has one additional case in his criminal history, in which also he has been enlarged on bail, and the same has been duly explained in the bail application. It is further pointed out that the co-accused, Mubarak Ali @ Noori, who has been shown as the gang leader, has been granted anticipatory bail, a copy of which is enclosed as Annexure No. 6 to the bail application. Learned counsel for the applicant further submits that the applicant is willing to cooperate with the investigation. Learned AGA has opposed the bail application. Peruse the record. Versus Counsel for Applicant(s) : Gyanendra Pathak, Adarsh Kumar Tripathi Counsel for Opposite Party(s) : G.A. Awadhesh Kumar Pandey @ Awadhesh Kumar .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Prima facie, it appears that the applicant has been implicated merely on account of his criminal history, and no other substantial ground emerges against him. It also appears, at this stage, that the applicant is unlikely to be found guilty of the alleged offence, the minimum punishment for which, upon conviction, is only two years. Therefore, taking into account the anticipatory bail order granted to the co-accused, as well as the discussion made hereinabove, I am of the considered view that the applicant deserves to be released on anticipatory bail 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 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 20, 2025 R.C. NABAIL No. 1770 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench