VIKAS CHAURASIYA v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER
/1945/2025 · 2025-12-08
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 196603 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 196603 (ALL) · dailylaw.ai ]
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. - 1945 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. Present application has been filed seeking anticipatory bail in Case Crime No. 0310 of 2025 under Section 2(b)(1), 3 of U.P. Gangster Act, P.S.- Amethi, District-Amethi. Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in two cases mentioned in the gang chart. In that cases, he has been released on bail. The bail order is on record as Annexure Nos. 4 and 5 to the bail application. Apart from the cases mentioned in the gang chart, the applicant has no criminal antecedents. It has been submitted that a perusal of the gang chart shows that only because of cases mentioned in the gang chart applicant has been made accused in this case. There appears to be no other ground to implicate the applicant in this case. The offence is punishable with the imprisonment of upto two years. The investigation is going on and the applicant undertakes to cooperate in the investigation. It has been further submitted if facility of bail is granted, there is no 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. Versus Counsel for Applicant(s) : Gyanendra Mishra Counsel for Opposite Party(s) : G.A. Vikas Chaurasiya .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s)
It is further submitted that the applicant is ready to furnish an undertaking in compliance with the requirement of Section 19(4)(b) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. It is also submitted that there is no likelihood of the applicant fleeing from the course of justice or tampering with the prosecution witnesses. In case the applicant is enlarged on bail, he undertakes not to misuse the liberty of bail. Learned Additional Government Advocate has opposed the prayer made by the learned counsel for the applicant. Perused the record.
On due consideration of the facts, prima facie it appears that in the cases shown in the gang chart, applicant has been enlarged on bail and ingredients to attract the offence under Section 2(b)(1), 3 of U.P. of the U.P. Gangster Act, appears to be missing, I find it to be a fit case for enlarging the applicant on anticipatory bail. 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. December 8, 2025 Vinay/- NABAIL No. 1945 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 Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench