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2025 DAILYLAW 186508 (ALL)

SATISH SONI @ SATISH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

/1344/2025 · 2025-12-04

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1344 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed by the applicant apprehending his arrest in Case crime No. 1555/2010 U/S-2/3 U.P. Gangster Act and Anti-Social Activities (Prevention) Act, 1986, Police Station- Gurbuxganj District- Raebareli. Heard learned counsel for the applicant and learned A.G.A. for the State. As per the gang chart, two cases have been shown against the applicant. During investigation, the arrest of the applicant was stayed by a Division Bench of this Court vide order dated 11.01.2011 passed in M.B. Bench No. 223 of 2011. The charge sheet has already been submitted, and the applicant has duly cooperated in the investigation. It is further submitted that both cases arise out of a single incident, and the prosecution witnesses, namely PW-1 and PW-2, have turned hostile. The incident involved no injury, and the applicant had been falsely implicated. Learned A.G.A. has opposed the anticipatory bail application. Considering that the applicant has no other criminal antecedents apart from the two cases shown in the gang chart; both cases appear prima facie to have emanated from one occurrence; this Court has examined the statements of PW-1 and PW-2; the charge sheet has been filed; and in light of the undertaking furnished on behalf of the applicant to cooperate in the trial, this Court is of the considered view that the applicant deserves to be granted Versus Counsel for Applicant(s) : Bhanupriya Singh, Shafaq Fatima Counsel for Opposite Party(s) : G.A. Satish Soni @ Satish Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s) anticipatory bail, in accordance with the principles laid down by the Hon’ble Supreme Court in Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, subject to his continued cooperation in the trial. In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to his furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicant shall not travel outside India without prior permission from the Court; (iii) The applicant shall not attempt to influence or intimidate any prosecution witness; (iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. December 4, 2025 R.C. ABAIL No. 1344 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench