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2025 DAILYLAW 199556 (ALL)

SANTOSH MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/2042/2025 · 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 482 BNSS No. - 2042 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. Present anticipatory bail application has been filed in Case Crime No.425 of 2024 under Section 3(1) of the U.P. Gangsters and Anti- Social Activities (Prevention) Act, 1986, Police Station Akbarpur, District Ambedkar Nagar. Heard learned counsel for the applicant, learned Additional Government Advocate for the State, who has accepted notice on behalf of the opposite party nos. 1 and 2 as well as perused the record. Learned counsel for the applicant submits that in the gang chart only one case has been shown against the applicant, in which he has already been enlarged on bail, and the bail order has been brought on record as Annexure No. 3 to the bail application. It is further submitted that the proceedings of the base case, i.e., Case Crime No. 319 of 2022, have been stayed by the Hon'ble Supreme Court vide order dated 24.11.2025 which has been annexed as Annexure No. 4 to the bail application. It is thus contended that when the proceedings of the base case have already been stayed and are pending adjudication before the Hon'ble Supreme Court, the prosecution could not have treated the applicant as an accused in the present case. Versus Counsel for Applicant(s) : Rahul Srivastava, Subham Srivastava Counsel for Opposite Party(s): G.A. Santosh Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. 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 submissions advanced, the order passed by the Hon'ble Supreme Court with regard to the base case against the applicant, and the fact that the charge-sheet has been filed in the present case, as also in view of the judgment of the Hon'ble Supreme Court in Musheer Alam versus The State of U.P. and another, 2025 SCC OnLine SC 116, and without expressing any opinion on the merits of the case, this Court finds it appropriate to extend the protection of anticipatory bail to the applicant. Accordingly, it is provided that the applicant shall surrender before the concerned court within ten days from the date of receipt of a certified copy of this order. Upon such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties each in 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 Madhu D.R/P.S NABAIL No. 2042 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench