Ahmad Ali v. State of U.P. thru Principal Sec. Home and another
ABAIL/1186/2025 · 2025-10-28
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 202734 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 202734 (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. - 1186 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.Present Anticipatory bail application has been filed in case crime No.252 of 2017 under section 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Dhaurahra, district Lakhimpur 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 enlarged on bail. The bail order is on record as Annexure No.3. It is submitted that the co-accused Ziyanul Haq has been granted anticipatory bail vide order dated 25.9.2025 passed in Anticipatory Bail No.1070 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) : Ashok Kumar, Chandra Prakash Counsel for Opposite Party(s) : G.A. Ahmad Ali .....Applicant(s) State Of U.P. Thru Principal Sec. Home And Another .....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, during investigation, the applicant was not arrested, bail order of the co- accused, noted above, 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. 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. 1186 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench