MUNNA @ SHOAIB @ MOHAMMAD SHOAIB v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
ABAIL/1192/2025 · 2025-10-28
Karunesh Singh Pawar
body2025
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[ 2025 DAILYLAW 202521 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 202521 (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 438 CR.P.C. No. - 1192 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.Present Anticipatory bail application has been filed in case crime No.391 of 2021 under sections 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Dhaurahra, district Kheri. 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 in the gang chart, one case has been shown against the applicant. In that case, the applicant has been granted interim protection, as referred in para 12 of the bail application. Apart from the case shown in the gang chart, there are two more cases against the applicant, in which the applicant has not been charge sheeted yet. The co-accused Mohammad Mohsin alias Abdul Mohsin has been granted anticipatory bail vide order dated 1147 of 2025 passed in Anticipatory Bail No.1147 of 2025. Another co-accused Ziyaul Haq has also been granted anticipatory bail vide order contained in Annexure No.11 to the bail application. 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. Versus Counsel for Applicant(s) : Amit Kumar Awasthi Counsel for Opposite Party(s) : G.A. Munna @ Shoaib @ Mohammad Shoaib .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 5.A perusal of the gang chart as also the records shows that the applicant appears to have been implicated in this case as he has criminal history. Charge sheet has been filed. 6.Considering the above aspects of the matter, perusal of the record, the fact that during investigation, the applicant was not arrested, charge sheet has been filed, and judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 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 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. 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. October 28, 2025 kkb/ ABAIL No. 1192 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench