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2025 DAILYLAW 195154 (ALL)

GUDDU PANDEY v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NABAIL/1518/2025 · 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. - 1518 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.203 of 2025, under Sections 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Tulsipur, District Balrampur. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the accused-applicant, while pressing the bail application, submits that the applicant has been falsely implicated in the present case as well as in the two cases mentioned in the gang chart. It is stated that in both the cases referred to in the gang chart, the applicant has already been granted bail, and the respective bail orders have been filed as Annexure Nos. 4 and 5 to the application. Besides these, there are two other pending cases of petty nature against the applicant, the details of which have been duly explained in paragraph 22 of the bail application. It is further submitted that co-accused Ajeet Singh has already been granted anticipatory bail vide order dated 26.09.2025 passed in Criminal Misc. Anticipatory Bail Application under Section 482 BNSS No. 1431 of 2025. Learned counsel has further contended that the essential ingredients required to attract the provisions of the U.P. Gangsters and Anti-Social Activities (Prevention) Act are prima facie absent in the present matter. Versus Counsel for Applicant(s) : Piyush Kumar Singh Counsel for Opposite Party(s) : G.A. Guddu Pandey .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 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 shall not misuse the liberty granted to him. Learned A.G.A., however, opposes the bail application, contending that the investigation is still pending. Having considered the bail order passed in favour of co-accused Ajeet Singh, the fact that the applicant has already been enlarged on bail in the cases shown in the gang chart, the satisfactory explanation of the criminal history of the remaining two cases, and the undertaking furnished by the applicant to cooperate in the investigation, I am of the view that the applicant deserves to be granted anticipatory bail in the present case, in light of the law laid down by 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. 1518 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench