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2025 DAILYLAW 197271 (ALL)

AJAD v. STATE OF U.P. THRU. SECY. DEPTT. HOME LKO. AND ANOTHER

ABAIL/1407/2025 · 2025-12-18

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1407 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.Present Anticipatory bail application has been filed in case crime No.613 of 2022 under section 2/3(1) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Gosaiganj, district Sultanpur. 2. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 3.Learned counsel for the applicant submits that on the basis of one case shown in the gang chart, the applicant has been made accused in this case. In the base case, i.e. case crime No.244 of 2022 under sections 3/5/8 U.P. Prevention of Cow Slaughter Act, the applicant filed a Crl. Misc. Writ Petition No.212 of 2023 wherein vide order dated 16.1.2023, a Division Bench of this Court has restrained arrest of the applicant. After filing of the charge sheet, the petition was consigned to record vide order dated 21.10.2024. It is thus submitted that during investigation, the applicant's arrest in the base case was protected. The applicant undertakes that he shall cooperate in the trial. 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 Activities (Prevention) Act, 1986. It is further submitted that there is no possibility of the applicant of Versus Counsel for Applicant(s) : Ravindra Shukla Counsel for Opposite Party(s) : G.A. Ajad .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Home Lko. And Another .....Opposite Party(s) fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on anticipatory bail, he shall not misuse the liberty of bail. 4. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 5..Considering the above aspects of the matter, perusal of the record, prima facie, from perusal of the gang chart, it appears that there is no compliance of Rule 5(3)(a) of U.P. Gangsters & Anti Social Activities (Prevention) Rules, 2021 in as much as the gang chart bears the signature of the District Magistrate, however, below the signature of S.P., no date is mentioned, the other officers have put signatures on different dates, thus, prima facie it cannot be said that there is any joint meeting while preparing the gang charge, the undertaking given on behalf of the applicant that he shall cooperate in the trial, and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 7. 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 arresting officer/trial court. The applicant shall cooperate in the investigation/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. 8. In case of default, it would be open for the trial court to proceed in accordance with law. 9. The application is allowed accordingly. December 18, 2025 kkb/ ABAIL No. 1407 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench