Rakesh Rajneesh @ Monu Vs State of U.P. Thru. Prin. Secy. Home Lko and Another

Neutral Citation No. - 2025:AHC-LKO:43814

Court No. - 14

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 832 of 2025

Applicant :- Rakesh Rajneesh @ Monu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Anamika Singh Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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The present anticipatory bail application has been filed by the applicant his arrest in Case Crime/FIR No. 0251 of 2024 under Section 2 & 3 of U.P. Gangster & Anti Social Activities Act, 1986 at Police Station Kotwali City, District Pratapgarh.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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Notice to respondent no. 2 is dispensed with in view of the proposed order.

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Learned counsel for the applicant submits that only one case is shown against the applicant in the gang chart. In that case, the applicant was granted interim protection by the Division Bench of this Court vide order dated 29.05.2024, passed in Criminal Misc. Writ Petition No. 3811 of 2024. It is further submitted that the interim protection was operative until the filing of the charge sheet. Now, the police report under Section 173 Cr.P.C. has been submitted. The applicant has not misused the liberty granted by the Court and has fully cooperated during the investigation. He also undertakes to cooperate during the trial. Apart from the single case mentioned in the gang chart, there is one more case against the applicant, in which he has already been granted bail.

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Learned A.G.A. has opposed the anticipatory bail application.

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Perused the record.

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The relevant portion of the order dated 29.05.2024, passed in Criminal Misc. Writ Petition No. 3811 of 2024, is reproduced below:-

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"Learned counsel for the petitioner submits that only one case i.e. Case Crime No. 644 of 2023 under Sections 395/412 IPC has been shown in the gangchart against the petitioner with regard to an incident which is occurred on 26.9.2023 at 1:30 AM alleging that petitioner snatched Rs. 1000/- and Aadhar Card from a tea stall in which he is already granted bail by this Court vide order dated 11.01.2024 in Criminal Misc. Bail Application No.13804 of 2023, which is annexed as annexure-3 to the petition. There is no other allegation against the petitioner, hence the present FIR is liable to be quashed.

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The matter requires consideration.

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Learned AGA has accepted notice on behalf of State-respondent nos. 1 to 3.

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All the respondents are accorded three weeks time to file counter-affidavit. A week's time, thereafter, is granted to file rejoinder affidavit.

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Connect and list after four weeks alongwith Crl. Misc. Writ Petition No.3521 of 2024; Mr. Prem Kumar @ Hitesh vs. State of U.P. and others. Considering the submissions made, it is provided that till the next date of listing or till submission of police report under section 173 (2) Cr.P.C., if any, before the Competent Court, whichever is earlier, the arrest of the petitioner- Monu Alias Rakesh Rajnish in Case Crime no.0251 of 2024 under Section 2 & 3 of U.P. Gangster & Anti Social Activities Act, 1986 at Police Station Kotwali City, District Pratapgarh shall remain stayed of course subject to the restraint that the petitioner shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation."

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It is not disputed between the parties that the applicant has cooperated during the investigation. Now charge sheet has been filed. There appears to be no plausible reason to send the applicant in custody to seek regular bail.

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In view of the good conduct of the applicant, the fact that he has cooperated during the investigation and in view of the judgment

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of the Supreme Court in Musheer Alam v. State of U.P., 2025 SCC OnLine SC 11, this Court is of the considered opinion that the applicant is entitled to be granted anticipatory bail subject to his cooperation in the trial.

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In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to his furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:-

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(i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence;

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(ii) The applicant shall not travel outside India without prior permission from the Court;

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(iii) The applicant shall not attempt to influence or intimidate any prosecution witness;

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(iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance;

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(v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant;

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Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.

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It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.

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In view of the aforesaid, the application is allowed . Order Date :- 29.7.2025/R.C.

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

Rakesh Rajneesh @ Monu v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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