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2025 DAILYLAW 195289 (ALL)

SHIVAM @ SHIVAM SONI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

NABAIL/1720/2025 · 2025-11-14

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. - 1720 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present bail application has been filed by the applicant apprehending his arrest in Case Crime No. 172 of 2025 under Sections 3(1) of U.P Gangster Act, 1986, Police Station Bhiti, District Ambedkar Nagar. 3. Learned counsel for the applicant submits that one case is shown against the applicant in the gang chart and in that case, the applicant has been granted bail, bail order is annexed as Annexure No. 5 to the bail application. Apart from the said case in the gang chart, the applicant has no previous criminal history and he apprehends his arrest. He further submits that chargesheet has been filed. 4. It is also submitted that the applicant has cooperated during the course of investigation and further undertakes to cooperate in the investigation. 5. Learned A.G.A. has opposed the application and has submitted that the investigation is going on. 6. On due consideration of the facts that the name of the applicant appears to have been shown in the gang chart only on the basis of the pendency of one case. Perusal of the gang chart prima facie cannot be said to be approved as per Rule 5(3)(a) of the UP Gangster Rules, 2021, as the same is in violation of Rule 5(3)(a), in as much as, there is no joint meeting of the District Magistrate/Senior Superintendent of Police/Superintendent of Police, as required under the aforesaid rule and also there appears to be overwriting on the date mentioned below the signatures of Superintendent of Police, Ambedkar Nagar; as also the fact that the applicant has no criminal Versus Counsel for Applicant(s) : Ashish Shukla, Gaurav Mishra Counsel for Opposite Party(s) : G.A. Shivam @ Shivam Soni .....Applicant(s) State Of U.P. Thru. Prin. Secy. Prin. Secy. Home Lko And Another .....Opposite Party(s) antecedents, and in view of the undertaking given on his behalf to cooperate with the investigation, this Court is of the considered opinion that the applicant is entitled to be granted anticipatory bail 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 continued cooperation in the investigation. 7. 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:- 8. The applicant shall report to the investigating officer within ten 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. 9. Accordingly, the anticipatory bail application is allowed. November 14, 2025 DiVYa NABAIL No. 1720 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench