RAKESH PATHAK v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER
NABAIL/1536/2025 · 2025-10-16
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 201903 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 201903 (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. - 1536 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.203 of 2025 under section 3(1) of U.P. Gangster & Anti Social Activities Act, P.S. Tulsipur, district Balrampur. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.The applicant's counsel has submitted that two cases are shown in the gang chart, in which the applicant has been enlarged on bail vide orders contained in Annexures 4 and 5 to the bail application. The applicant is not involved in any other case. He has no other criminal history, except these two cases. Arbitrarily, the first information report under Gangsters Act has been registered against him, only on the ground of these two petty cases. The co-accused Prit Pal Singh has been granted anticipatory bail vide order dated 26.9.2025 passed in Anticipatory Bail No.1430 of 2025. The applicant claims parity. The maximum punishment which may be imposed in case of conviction of the applicant is for two years. 4.Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation. 5.Learned Addl. Government Advocate has opposed the prayer made by Versus Counsel for Applicant(s) : Ashish Raman Mishra Counsel for Opposite Party(s) : G.A. Rakesh Pathak .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another .....Opposite Party(s)
applicant's counsel. It is submitted that the applicant is a gang leader. Investigation is going on. 6.Considering the above aspects of the matter, the fact that the applicant been enlarged on bail in the two cases shown in the gang chart, both the cases are triable by Magistrate, there is no other criminal history of the applicant, prima facie, there is nothing on record to suggest that the applicant will not cooperate in the investigation or the provisions of Gangsters Act can be invoked in such case, coupled with the undertaking that he shall cooperate in the investigation, , the co-accused, noted above, has been enlarged on anticipatory bail, 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 in the event of arrest, 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. 8.The applicant shall cooperate in the investigation/trial and he will not influence the witnesses. In case of default, it would be open for the investigating agency/trial court to proceed in accordance with law. 9.The application is allowed. October 16, 2025 R.C.
NABAIL No. 1536 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench