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2025 DAILYLAW 191854 (ALL)

ARUN KUMAR CHAUHAN v. STATE OF U.P. AND ANOTHER

NABAIL/8149/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8149 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Manoj Kumar Singh, Advocate, holding brief of Sri A.K. Shukla, learned counsel for the applicant and Sri Manoj Gautam, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 1190 of 2017 under Sections 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station Kerakat, District Jaunpur with the prayer that in the event of arrest, the applicant may be released on bail. 3. It has been contended by learned counsel for the applicant that applicant is on bail in the sole case shown against him in the gang chart. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court and in case he is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the prayer for grant of anticipatory bail and submits that proclamation under sections 82 and 83 Cr.P.C. has been issued against the applicant on 07.12.2024 and he is evading the process of since long time. 5. Considering the fact that proclamation under sections 82 and 83 Cr.P.C. has been issued against the applicant, taking note of the law laid down by the Hon'ble Apex Court in Lavesh vs. State (NCT of Delhi) (2012) 8 SCC 730, the applicant is not entitled to be enlarged on anticipatory bail. 6. Accordingly, the application for anticipatory bail is, hereby, rejected. October 14, 2025 Madhurima Versus Counsel for Applicant(s) : Amit Kumar Shukla, Kuldeep Narayan Tiwari Counsel for Opposite Party(s) : G.A. (Jitendra Kumar Sinha,J.) Arun Kumar Chauhan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad