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2025 DAILYLAW 98084 (ALL)

MANJU PANDEY v. STATE OF U.P. AND ANOTHER

NABAIL/7683/2025 · 2025-09-18

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7683 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant, Sri Brijesh Kumar, counsel for the informant in Case Crime No. 230 of 2024 under Sections 420, 406, 467, 468, 471 of I.P.C., Police Station- Ahraula, District Azamgarh, Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record. 2. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 163 of 2025, under sections 2(b)(1), 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Ahraula, District Azamgarh. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. According to the gang chart, fifteen cases are shown against the applicant and in the said cases the applicant have been enlarged on bail. It is next contended that apart from the cases mentioned in the gang chart, the applicant is involved in another case. In the said case also she has been enlarged on bail. Investigation is pending. The applicant has apprehension of her arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, she 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 Versus Counsel for Applicant(s) : Deeksha Gupta, Siddharth Srivastava Counsel for Opposite Party(s) : Amit Singh Parihar, Brijesh Kumar, G.A. Manju Pandey .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. for the State and counsel for the informant in Case Crime No. 230 of 2024 under Sections 420, 406, 467, 468, 471 of I.P.C., Police Station- Ahraula, District Azamgarh have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and 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 till the submission of police report. 8. In the event of arrest, the applicant Manju Pandey be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 193(3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make herself available for interrogation by a police officer as and when required; (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 or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if she has passport, the same shall be deposited by her before the S.S.P./S.P. concerned. NABAIL No. 7683 of 2025 2 9. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 10. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 11. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 12. The application stands disposed of. September 19, 2025 Sachin Mishra NABAIL No. 7683 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad