Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 186452 (ALL)

VISHAL KUMAR v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.

/1954/2025 · 2025-12-09

Karunesh Singh Pawar

body2025

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. - 1954 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Present anticipatory bail application has been filed in Case Crime No.659 of 2025, under Section 2(b) (i), 2(b)(ii)/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Madiyaon, District Lucknow. 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, three cases have been shown against the applicant, in which he has already been enlarged on bail. The bail orders are on record as Annexures 4,5 and 6 to the bail application. It is further submitted that the applicant has no other criminal antecedents. It is further submitted that co-accused persons namely Ajay Jaiswal and Subham Jaiswal have been granted bail by this Court vide orders dated 5.12.2025 and 4.12.2025 passed in Anticipatory Bail Application No.1922 of 2025 and 1905 of 2025 respectively. The applicant seeks parity with the said co-accused. It is further submitted that the applicant is ready to furnish an undertaking in compliance with the requirement of Section 19(4)(b) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. It is also submitted that there is no likelihood of the applicant fleeing from the course of justice or tampering with the prosecution Versus Counsel for Applicant(s) : Pawan Kumar Pandey Counsel for Opposite Party(s) : G.A. Vishal Kumar .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. .....Opposite Party(s) witnesses. In case the applicant is enlarged on bail, he undertakes not to misuse the liberty of bail. Learned Additional Government Advocate has opposed the prayer made by the learned counsel for the applicant. Perused the record as also the gang chart. Perusal of the record and the gang chart prima facie indicates that the same has been prepared in violation of Rule 5(3)(a) of the U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021, as no joint meeting of the district authorities appears to have been conducted. Thus, in view of the aforesaid facts and circumstances, as also considering the ground of parity with the anticipatory bail order of the co-accused persons, named above and the judgment of the Hon'ble Supreme Court in Sushila Aggarwal and Others vs. State (NCT of Delhi) and Another, (2020) 5 SCC 1, and without expressing any opinion on the merits of the case, this Court finds it appropriate to extend the protection of anticipatory bail to the applicant.Accordingly, considering the aforesaid circumstances and the undertaking given on behalf of the applicant to cooperate with the investigation, I am of the considered view that he is entitled to be granted 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 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. NABAIL No. 1954 of 2025 2 The applicant shall not leave India without previous permission of the Court. The application is allowed. December 9, 2025 Madhu D.R/P.S NABAIL No. 1954 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench