Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 195746 (ALL)

ADITYA KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

NABAIL/2062/2025 · 2025-12-18

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2062 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. Present Anticipatory bail application has been filed in case crime No.177 of 2025 under sections 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S.-Nigoha, District- Lucknow. Learned counsel for the applicant submits that in the gang chart, two cases have been shown against the applicant. In those cases, the applicant has been enlarged on bail. The bail orders are on record as Annexure No. 2 to this application, collectively. The applicant explained the criminal history of two cases in para 8 of this application. It is further submitted that both the cases, i.e. case crime No.109 of 2024 and 110 of 2024 have been lodged by the same person, i.e. Lav Singh on the same day, i.e. on 28.3.2024 with same allegations. He further submits that the gang chart has been approved without any joint meeting of district authorities. The co-accused Raj Kumar @ Lalchandra @ Lal Chandan and Mohit Kumar @ Mohit Rawat have already been granted anticipatory bail. The bail orders are on record as Annexure No. 5 to this application, collectively. 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) : Ranjan Shukla Counsel for Opposite Party(s) : G.A. Aditya Kumar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. 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 bail, he shall not misuse the liberty of bail. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. A perusal of the gang chart shows that the same has been prepared in violation of Rule 5(3)(a) of U.P. Gangsters & Anti Social Activities (Prevention) Rules, 2021 as there is no joint meeting of the district authorities; rather the authorities have signed the gang chart on different dates. Charge sheet has been filed. Considering the above aspects of the matter, perusal of the record, the manner in which the gang chart has been approved and bail orders of the co- accused named above and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 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 trial court. The applicant shall cooperate in the 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. In case of default, it would be open for the trial court to proceed in accordance with law. The application is allowed accordingly. December 18, 2025 Vinay/- NABAIL No. 2062 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench