SADDIK SAI v. STATE U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
/1358/2025 · 2025-12-09
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 188886 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 188886 (ALL) · dailylaw.ai ]
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 438 CR.P.C. No. - 1358 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.Present Anticipatory bail application has been filed in case crime No.12 of 2024 under section 3(1) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Thangavon, district Sitapur. 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.3. During investigation, the arrest of the applicant was protected vide order passed by a Division Bench of this court. The order has been filed as Anenxure No.4 to the bail application. The applicant has cooperated in the investigation. Charge sheet has been filed. The applicant undertakes that he shall cooperate in the trial. The co-accused persons Anwar Pradhan and two others, Saleem Khan and Kalim have been enlarged on anticipatory bail vide orders filed collectively as Annexure No.6 to the bail application. The applicant seeks parity. It is also submitted that the applicant is ready to furnish an undertaking in Versus Counsel for Applicant(s) : Santosh Kumar Kanaujia, Tufail Ahmad Counsel for Opposite Party(s) : G.A. Saddik Sai .....Applicant(s) State U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
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 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, the applicant was not arrested during investigation, charge sheet has been filed, the undertaking given on behalf of the applicant that he shall cooperate in the trial, bail order of the co-accused, judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 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 trial court to proceed in accordance with law. 9. The application is allowed accordingly, also on parity ground. December 9, 2025 kkb/ ABAIL No. 1358 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench