MANOJ KUMAR v. STATE OF U.P THRU. PRIN. SECY. HOME DEPTT. GOVT. SECTT. LKO.
NABAIL/1685/2025 · 2025-11-11
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 188611 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 188611 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1685 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.Present Anticipatory bail application has been filed in case crime No.287 of 2025 under section 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Lalganj, district Raebareli. 2. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 3.Learned counsel for the applicant submits that in the gang chart, one case has been shown against the applicant. In that solitary case, the applicant has been enlarged on bail. The bail order is on record as Annexure No.5. Apart from the said case, there is no other case pending against the applicant. The applicant undertakes that he shall cooperate in the investigation/trial. The co-accused Suman has been granted anticipatory bail vide order dated 9.10.2025 passed in Anticipatory Bail No.1464 of 2025. He claims parity. It is also submitted that the applicant is ready to furnish an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986. It is further submitted that there is no possibility of the applicant of Versus Counsel for Applicant(s) : Surendra Kumar Mishra Counsel for Opposite Party(s) : G.A. Manoj Kumar .....Applicant(s) State Of U.P Thru. Prin. Secy. Home Deptt. Govt. Sectt. Lko. .....Opposite Party(s)
fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on anticipatory bail, he shall not misuse the liberty of bail. 4. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 5..Considering the above aspects of the matter, perusal of the record, prima facie, from perusal of the gang chart, it appears that there is no compliance of Rule 10(1) of U.P. Gangsters & Anti Social Activities (Prevention) Rules, 2021 as also that simply because the applicant has a criminal history of one case, it appears that he has been implicated in this case, bail order of co-accused, the undertaking given on behalf of the applicant that he shall cooperate in the investigation/trial, and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 7.
7. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/trial court. The applicant shall cooperate in the investigation/trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 8. In case of default, it would be open for the investigating agency to proceed in accordance with law. 9. The application is allowed accordingly, on parity. November 11, 2025 kkb/ NABAIL No. 1685 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench