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2026 DAILYLAW 10151 (ALL)

FAKAROO v. STATE OF U.P.

NABAIL/9402/2026 · 2026-09-30

Rajiv Lochan Shukla

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9402 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Supplementary Affidavit filed today is taken on the record. 2. Heard, Learned counsel for the applicant, the Learned A.G.A. for the State and perused the record. 3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.326 of 2026, under Section 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Goverdhan, District-Mathura, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the above- mentioned case. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. Only single base case has been shown in the gang chart against the applicant and in the said case, the applicant is on bail. Co-accused Kaif, Mohammad Sad @ Kala @ Mohammad Sadan and Sajid @ Sijua have been granted anticipatory bail by this Court in NABAIL Nos.8919/2026, 9220/2026 and 7873/2026. The case of the applicant is at par with the co-accused. 5. Learned A.G.A. has opposed the prayer for grant of anticipatory bail and has contended that the applicant has a criminal history of fifteen cases. The applicant, being a repeat offender, may not be considered for Versus Counsel for Applicant(s) : Amit Kumar Mishra, Ravesh Kumar Singh Counsel for Opposite Party(s) : Alok Shukla, G.A., Pramod Kumar Shukla Fakaroo .....Applicant(s) State of U.P. .....Opposite Party(s) grant of anticipatory bail. 6. Rejoining the issue, Learned counsel for the applicant has contended that out of the fifteen cases, four cases are under Section 174-A IPC. In one other case, the applicant has been acquitted. The applicant is not a previous convict. 7. I have considered the submissions made by the Learned counsels for the parties. 8. Taking into consideration the fact that only single base case has been shown against the applicant in which the applicant is on bail, the applicant is not a previous convict and the co-accused have been granted anticipatory bail by this Court, I deem it fit to enlarge the applicant on anticipatory bail. 9. In view of the above, the anticipatory bail application of the applicant is allowed. 10. In the event of the arrest of the applicant- Fakaroo, he shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing a personal bond and surety to the satisfaction of the Station House Officer of the police station/Court concerned with the following conditions:- i. the applicant shall make himself available for interrogation by a police officer as and when required; ii. that 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 him from disclosing such facts to the Court or to any police officer; iii. that the applicant shall not leave India without the previous permission of the Court; iv. that the applicant shall not pressurize/intimidate the prosecution witness; NABAIL No. 9402 of 2026 2 11. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 12. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be considered to be an opinion on the merits of the case. October 1, 2026 A. Pandey NABAIL No. 9402 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad