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2025 DAILYLAW 202631 (ALL)

IRFAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

ABAIL/1161/2025 · 2025-10-28

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. - 1161 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.Present Anticipatory bail application has been filed in case crime No. 0001/2023 under section 3(1) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Purakalandar, district Faizabad/Ayodhya. 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 enlarged on bail. The bail order is on record as Annexure No.4. It is submitted that the co-accused Iftikhar alias Istikhar has been granted anticipatory bail vide roder dated 16.9.2025 passed in Anticipatory Bail No.1026 of 2025. The applicant seeks parity. Charge sheet has been filed. 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 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. Versus Counsel for Applicant(s) : Anil Kumar Tiwari Counsel for Opposite Party(s) : G.A. Irfan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 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, charge sheet has been filed, during investigation, the applicant was not arrested, bail order of the co-accused, noted above, and judgment of Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 6. 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. 7. In case of default, it would be open for the trial court to proceed in accordance with law. 8. The application is allowed accordingly. October 28, 2025 kkb/ ABAIL No. 1161 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench