Vishal Kumar Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 724 of 2025

Vishal Kumar

.....Applicant(s) Versus State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Savitra Vardhan Singh, Ashutosh Singh Counsel for Opposite Party(s) : G.A.

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Court No. - 13

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HON'BLE SUBHASH VIDYARTHI, J.

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Heard Shri Savitra Vardhan Singh, learned counsel for the applicant and Shri Avishesh Kumar Singh, learned A.G.A. for the State.

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The applicant was granted interim anticipatory bail by means of the following order passed by the Co-ordinate Bench of this Court on 27.06.2025 :

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"1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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2. The instant anticipatory bail application has been filed on behalf of the applicant, Vishal Kumar with the prayer to release him on anticipatory bail in F.I.R./ Case Crime No.0405 of 2019, under sections 2/3 of U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station P.G.I., District Lucknow.

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3. It is contended by learned counsel for the applicant that there are six cases criminal history and all pertain to theft. He next submits that in all the cases, the applicant has been enlarged on bail, but taking note of the fact of one case, the offence under the Gangsters Act has been imposed against him. He submits that the applicant is not involved in any anti-social activities. He also submits that the charge sheet has been filed, and as such, there is no possibility of the applicant fleeing from the investigation proceeding. He next submits that the applicant will cooperate in the trial proceeding. His further submission is that there is acute apprehension that the police will arrest the applicant. Thus, submission is that the applicant may be enlarged on anticipatory bail.

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4. On the other hand, learned AGA appearing for the State has opposed the

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ABAIL No. 724 of 2025

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contentions aforesaid and submits that the applicant is not entitled for any relief.

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5. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it a fit case for grant of interim anticipatory bail.

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6. Accordingly, till the next date of listing, the present applicant, Vishal Kumar, shall be released forthwith, in case of his arrest, in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing a personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

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(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 or tamper with the evidence;

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(iii) that the applicant shall not leave India without the previous permission of the court;

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(iv) that in case chargesheet is submitted, the applicant shall not tamper with the evidence during the trial;

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(v) that the applicant shall not pressurize/ intimidate the prosecution witness;

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(vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

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7. Let a counter affidavit be filed within two weeks.

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8. Rejoinder affidavit, if any, may be filed within one week thereafter.

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9. List this matter in the third week of August, 2025.

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10. In the meantime, learned A.G.A. shall take written instructions and file the counter affidavit."

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The State has filed a counter affidavit annexing therewith a copy of the materials collected during the investigation.

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The learned A.G.A. does not allege violation of any condition of interim anticipatory bail granted to the applicant.

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ABAIL No. 724 of 2025

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Keeping in view of the aforesaid facts and circumstances, there is nothing which may persuade this Court from taking a different view than the one taken by the Co-ordinate Bench of this Court while granting aforesaid interim anticipatory bail to the applicant.

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Accordingly, the anticipatory bail application is allowed. The interim order dated 27.06.2025 is made absolute in terms of the aforesaid order.

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September 8, 2025 S. Shivhare

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(Subhash Vidyarthi,J.)

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Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench

Vishal Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Vishal Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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