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2025 DAILYLAW 65558 (ALL)

SANJAY SHUKLA v. STATE OF U.P.

NABAIL/4580/2025 · 2025-08-03

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130763 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4580 of 2025 Applicant :- Sanjay Shukla Opposite Party :- State of U.P. Counsel for Applicant :- Ajit Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant as well as learned AGA for the State, and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Special Session Trial No. 01 of 2025 arising out of Case Crime No. 129 of 2020, under Section 3(1) U.P. Gangster and Antisocial Activities (Prevention) Act, Police Station Jalalpur, District Jaunpur. 3. Learned counsel for the applicant submits that according to the gang chart, one case is shown against the applicant and in the said case the applicant has been enlarged on bail. Apart from the case mentioned in the gang chart, the applicant is involved in another case. In the said case also he has been enlarged on bail. Investigation has been completed. The applicant had cooperated in the investigation. Charge-sheet has been filed. No custodial interrogation is required. The applicant has been summoned by the concerned court. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. He further submits that in the F.I.R., in issue, the allegations with regard to disturbing the public order, as also regarding gaining undue temporal, pecuniary, material or other advantage of like nature against the applicant are vague. In absence of allegation concerning an act or omission on the part of an accused, covered by the definition of terms "gang" and "gangster" as provided under Section 2 of the Gangsters Act, no F.I.R. is maintainable. In the instant case, the F.I.R. is based upon the pending criminal cases and not upon any new allegations or discovery of facts having serious reflection on the society, for which purpose the Gangsters Act was enacted. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, the fact that the applicant has been enlarged on bail in the cases pending against him, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Sanjay Shukla, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make himself available on each date fixed in the matter by the court concerned; (ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 4.8.2025/#Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad