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2025 DAILYLAW 196481 (ALL)

ANAND KUMAR SINGH @ ANNU SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DETT. CIVIL SECTT. LKO.

BAIL/10500/2025 · 2025-11-10

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10500 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. Learned counsel for accused-applicant submits that in the gang chart, one case has been shown against the applicant and in the solitary case he has been released on bail. The bail order is on record as Annexure No. 4 to the bail application. Apart from the said case, the applicant has criminal history of one case which he has explained in paragraph 13 to the bail application and copy of the bail order has been annexed as Annexure-4 to the bail application. Learned counsel for the applicant submits that the co-accused persons namely Prit Pal Singh, Ajeet Singh, Anand Kumar Singh @ Annu Singh, who were assigned similar role have been granted anticipatory bail by coordinate Bench of this Court vide orders dated 26.9.2025, 26.9.2025 and 6.5.2025 passed in criminal misc. Anticipatory bail application Nos. 1430 of 2025, 1431 of 2025 and 410 of 2025. He further submits that one co-accused Shriman Narayan Shukla @ Pintoo has been granted regular bail by this court vide order dated 31.10.2025 passed in Crl. Misc. Bail Application No.10073 of 2025. Learned counsel for the applicant seeks parity with the bail orders of the said co-accused persons. It has been further submitted that applicant is in jail since 12.10.2025 and if facility of bail is granted, there is no Versus Counsel for Applicant(s) : Manish Kumar Tripathi, Aditya Vikram Singh, Sudheer Tripathi Counsel for Opposite Party(s): G.A. Anand Kumar Singh @ Annu Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Dett. Civil Sectt. Lko. .....Opposite Party(s) apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co-operate in speedy trial of the case. Learned A.G.A. has opposed the prayer for bail but could not dispute that it is a case of parity. On due consideration of the fact that in the solitary case mentioned in the gang chart, the applicant has already been enlarged on bail; that the applicant has only one other criminal history, which has been duly explained in paragraph 13 of the bail application; that the co-accused persons named above have been granted anticipatory bail as well as regular bail; and further considering that the applicant is languishing in jail since 12.10.2025, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant involved 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, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities BAIL No. 10500 of 2025 2 (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code (Now Section 269 of BNS). (vii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 10, 2025 Madhu D.R/P.S BAIL No. 10500 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench