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2025 DAILYLAW 189733 (ALL)

Sakir v. State of U.P. thru Principal Sec. Home and another

ABAIL/1281/2025 · 2025-11-17

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. - 1281 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.Present Anticipatory bail application has been filed in case crime No.252 of 2017 under section 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Dhaurahra, district Lakhimpur Kheri. 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. Apart from the said case, there is no other case pending against the applicant. The applicant undertakes that he shall cooperate in the trial. T he co-accused Ziyaul Haq has been granted anticipatory bail vide roder daed 25.9.2025 passed in Anticipatory Bail No.1070 of 2025. The bail order has been filed as Annexure No.5 to the application. The applicant's counsel seeks 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 Versus Counsel for Applicant(s) : Ashok Kumar, Chandra Prakash Counsel for Opposite Party(s) : G.A. Sakir .....Applicant(s) State Of U.P. Thru Principal Sec. Home And Another .....Opposite Party(s) 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 co-accused, named above has been granted protection by a coordinate Bench of this Court, referred to above, the undertaking given on behalf of the applicant that he shall cooperate in the trial, and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 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, on the ground of parity. November 17, 2025 kkb/ ABAIL No. 1281 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench