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2025 DAILYLAW 186431 (ALL)

ABHIMANYU MAURYA v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. U.P. GOVT. LKO.

BAIL/12216/2025 · 2025-12-05

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12216 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. Learned counsel for the accused-applicant, while pressing the bail application, submits that the applicant has been falsely implicated in the present case as well as in the only case reflected in the gang chart. It is stated that he has already been granted bail in that case and the bail order has been filed as Annexure-3 to the application. Besides the said case, four other cases are pending against the applicant. In Case Crime No. 193 of 2022, the applicant was granted anticipatory bail, and subsequently, the criminal proceedings were stayed by this Court vide order dated 05.09.2024 passed in Application U/s 482 No. 7872 of 2024, Abhimanyu Maurya vs. State of U.P. and another. It is that very case which forms the basis of invoking the Gangsters Act against the applicant in Case Crime No. 120 of 2024, and further led to the initiation of proceedings and registration of FIR under Section 174A IPC in Case Crime No. 92 of 2023 at P.S. Hanswar, District Ambedkar Nagar. All these cases were lodged despite the subsisting stay order issued by this Court, and therefore, the prosecution ought not to have implicated the applicant in Case Crime Nos. 120 of 2024 and 92 of 2023. It has been further submitted that applicant is in jail since 05.10.2025 and if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court Versus Counsel for Applicant(s) : Rajesh Kumar Awasthi Counsel for Opposite Party(s) : G.A. Abhimanyu Maurya .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Govt. U.P. Govt. Lko. .....Opposite Party(s) below and will co-operate in speedy trial of the case. Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused- applicant. On due consideration to the submissions advanced; pleadings made in the affidavit filed in support of the bail application, the fact that in the solitary case mentioned in the gang chart, he has been enlarged on bail; he has explained criminal antecedents in paragraph 10 of the bail application as well as considering the fact that the applicant is languishing in jail since 05.10.2025, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant, Abhimanyu Maurya, involved in Case Crime No. 161/2025, U/s. 3(1) U.P. Gangster Act Police Station-Hanswar, District- Ambedkar Nagar, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. (iv) The applicant shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 5, 2025 R.C. BAIL No. 12216 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench