Nankau Vs State of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 5821 of 2025

Nankau

.....Applicant(s)

Versus

State Of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko. .....Opposite Party(s) Counsel for Applicant(s) : Dinesh Kr. Sharma, Arshad Hafeez Khan, Sunil Kumar Singh Counsel for Opposite Party(s) : G.A.

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Court No. - 15

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HON'BLE KARUNESH SINGH PAWAR, J.

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Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

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Supplementary affidavit filed by learned counsel for the applicant is taken on record.

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Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in the the sole case mentioned in the gang chart. In that case, he has been released on bail. The bail order is on record as Annexure No. 3 to the bail application. The applicant has explained criminal history of seven cases in paragraph no. 2 to the supplementary affidavit.

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Learned counsel for the applicant submits that the co-accused Ismail who was assigned the similar role has been enlarged on bail by this Court vide order dated 16.05.2025 passed in criminal misc. bail application No. 4199 of 2025 Learned counsel for the applicant seeks parity with the order of the coaccused.

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It has been further submitted that applicant is in jail since 30.10.2024 and if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court

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BAIL No. 5821 of 2025

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2

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below and will co-operate in speedy trial of the case.

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Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accusedapplicant.

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On due consideration to the fact that in the sole case mentioned in the gang chart, he has been enlarged on bail; he has explained criminal antecedents of seven cases in the supplementary affidavit; co-accused Ismail has been granted bail as well as considering the fact that the applicant is languishing in jail since 30.10.2024, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant, Nankau, involved in Case Crime No.0731 of 2024 under Section 3 (1) U.P. Gangsters and Anti-Social Activities (Prevention) Act, P.S. Dewa, District Barabanki be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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 or tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities

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BAIL No. 5821 of 2025

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3

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(Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail.

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(vi) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code (Now Section 269 of BNS).

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS).

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It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.

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(Karunesh Singh Pawar,J.)

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October 13, 2025 R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Nankau v. State of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko.

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Nankau v. State of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko.

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