MOHAMMAD MOBEEN @ GUDDU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
/1484/2025 · 2025-10-13
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 200561 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 200561 (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. - 1484 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in case crime 193 of 2025, Under Section - 2/3 U.P. Gangster and Anti-Social Activities (Prevention) Act, Police Station Mitauli, District - Kheri. Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant submits that one case is shown in the gang chart and in that case, he has been enlarged on bail. The copy of bail order is on record as Annexure No. 4 to the bail application. It is further submitted that there is another case against the applicant, and in that matter as well, he has been granted bail. The copy of bail order is enclosed as Annexure No. 5.
Learned counsel further contends that the applicant has no connection whatsoever with the other three cases referred to in the rejection order passed by the learned Sessions Judge. This fact has been duly explained in paragraphs 18, 19, and 20 of the bail application. It is further argued that the essential ingredients necessary to attract the provisions of the U.P. Gangsters and Anti-Social Activities (Prevention) Act are missing in the present case. Learned counsel for the applicant further submits that the applicant is willing to cooperate with the investigation. Learned AGA has opposed the bail application. Versus Counsel for Applicant(s) : Iqbal Ali Counsel for Opposite Party(s) : G.A. Mohammad Mobeen @ Guddu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
Having considered the bail orders filed as Annexure Nos. 4 and 5, as well as the explanation provided by the applicant in paragraphs 18 to 20 of the bail application, it prima facie appears that the ingredients required to invoke Sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act are lacking and also considering the applicant’s undertaking to cooperate in the trial, I am of the view that the applicant is entitled to be released on anticipatory bail in the light of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his full cooperation during the investigation. 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. October 13, 2025 R.C.
NABAIL No. 1484 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench