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2025 DAILYLAW 195010 (ALL)

MANISH KUMAR ( MANISH SAHU IN FIR ) v. STATE OF U.P. THRU. PRIN. SECY. (HOME) LKO. AND ANOTHER

NABAIL/1512/2025 · 2025-10-15

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1512 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime No. 091/2025, under Sections 2/3(1) U.P. Gangsters and Anti-Social Activities (Prevention) Act, Police Station Gosainganj, District Sultanpur. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that only one case is shown against him in the gang chart, in which he has already been granted bail. A copy of the said bail order has been filed as Annexure No. 3 to the bail application. It is further submitted that three co-accused persons, namely, Aslam, Lateef @ Abdul Lateef, and Julfekar, have also been granted bail, and copies of their bail orders have been collectively filed as Annexure No. 4 to the application. Learned counsel for the applicant, therefore, seeks parity with the orders passed in favour of the aforesaid co-accused persons. It is further submitted that the applicant has no other criminal antecedent except the solitary case mentioned in the gang chart. Learned counsel for the applicant further submits that if the accused is granted anticipatory bail, he undertakes to comply with all conditions imposed by the Court. He shall fully cooperate with the investigation and Versus Counsel for Applicant(s) : Dileep Kumar Tiwari, Md.Khurshed Ahmad Counsel for Opposite Party(s) : G.A. Manish Kumar ( Manish Sahu In Fir ) .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) Lko. And Another .....Opposite Party(s) shall not misuse the liberty granted to him. Learned AGA has opposed the bail application. Having considered the bail orders of the co-accused persons, the fact that the applicant has already been enlarged on bail in the sole case mentioned in the gang chart, he has no other criminal antecedent, and the undertaking given on his behalf to cooperate with the investigation, I am of the considered view that the applicant deserves to be released on anticipatory bail in the present case, in light of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1 , subject to his cooperation in the investigation. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- The applicant shall report to the investigating officer within twenty days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. The application is allowed. October 15, 2025 R.C. NABAIL No. 1512 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench