GYANENDRA SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 2 OTHERS
A482/10246/2025 · 2025-12-05
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 187375 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 187375 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10246 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the parties. 2. The present application has been filed for the following main relief(s):-
"I) To, issue order(s) or direction(s) thereby, allowing the instant petitioner to take part in the impugned criminal trial (in re: Criminal Case No. 7300081 of 2012; titled "State of U.P. vs. Rajndra Sahu @Rajendra Gupta & others") arising out of Case Crime No. 0687 of 2011 bearing FIR No. 0619 of 2011, Police Station- Hazratganj, District- Lucknow, Uttar Pradesh, under sections- 60/63 of the United Province Excise Act, 1910 alongwith sections-2/3 of the Uttar Pradesh Gangsters Act and Anti-Social Activities (Prevention) Act, 1986, presently pending before the Learned Court of Special Judge (Gangsters Act), Lucknow (Respondent No. 2), in the interest of justice. II) To, issue order(s) or direction(s) to the Learned Court of Special Judge (Gangsters Act), Lucknow (i.e. Respondent No. 2). thereby, permitting and allowing the instant petitioner to submit appropriate sureties and execute personal bail bonds as may be decided by this Hon'ble Court or with respect to the grant of bail issued vide order dated 11.01.2012 (Annexure No.8) passed by the Respondent No. 2, during the course of the aforesaid criminal trial, in the interest of justice. III) To, issue order(s) or direction(s) thereby, nullifying the effect of any adverse proceedings / warrants issued by the concerned trial court against the instant petitioner, till the submission of the appropriate sureties and execution of bail bonds before the concerned Trial Court, as may be decided by this Hon'ble Court or in consequence to the bail order dated 11.01.2012 (Annexure No. 8), in favour of the instant petitioner, in the interest of justice."
3. Considering the facts and circumstances of the case and also the law Versus Counsel for Applicant(s) : Aditya Prakash Sharma, Saurabh Sharma, Sunny Sharma Counsel for Opposite Party(s) : G.A. Gyanendra Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 2 Others .....Opposite Party(s)
laid down by the Hon'ble Apex Court in the case(s) of Inder Mohan Goswami and another vs. State of Uttranchal and others, (2007) 12 SCC 1; Sunil Tyagi vs. Govt.
of NCT of Delhi and another, 2021 SCC OnLine Del 3597; Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116, according to which, once the investigation is over and the charge-sheet is filed then the accused should be asked to appear before the court concerned and should furnish bail bonds to the satisfaction of the trial court, and also taking note of the statement of the counsel for the applicant that the applicant would appear before the court concerned, it is provided that if the applicant appears before the court concerned within four weeks from today and moves an appropriate application before the trial court including for recall of non-bailable warrant, the same shall be considered and decided by the trial court expeditiously strictly in accordance with law. 4. For a period of four weeks, no coercive action shall be taken against the applicant so far as the proceedings in issue are concerned. 5. In case, the applicant does not appear in terms of this order, coercive action shall be taken against him. 6. The present application is disposed of in above terms. December 5, 2025 Anurag A482 No. 10246 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench