Shanu Thakur vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Shanu Thakur vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: no tampering with evidence or threatening of witnesses; undertaking not to seek adjournments when witnesses are present; presence before the Trial Court on fixed dates (with defaults engaging S. 229-A IPC, S. 174-A IPC and S. 82 Cr.P.C.); breach of conditions a ground for cancellation of bail; identity and residence proof of applicant and sureties to be verified.

Issue for consideration

Whether the applicant, Shanu Thakur, should be released on bail in Special Case No.1030 of 2019 (Case Crime No. 01 of 2018) under Sections 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, P.S. Kotwali Dehat, District Bulandshahar, during pendency of trial.

Court's answer

Bail granted to the applicant without expressing any opinion on the merits of the case, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Ratio / Principle

The decision to release the applicant on bail was reached after considering the submissions of the parties, the larger mandate of Article 21 of the Constitution of India, and the dictum of the Apex Court in Dataram Singh Vs. State of U.P. ((2018) 3 SCC 22) and Satendra Kumar Antil Vs. C.B.I. & Another (S.L.P.(Crl.) No. 5191 of 2021).

Key takeaways

Condition of bail: the applicant shall not tamper with the evidence or threaten the witnesses, and shall file an undertaking not to seek adjournment on dates fixed for evidence when the witnesses are present in Court.ratio¶11
Condition of bail: the applicant shall remain present before the Trial Court on each date fixed, personally or as directed; in case of absence without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code, and misuse of liberty triggering proclamation under Section 82 Cr.P.C. may attract proceedings under Section 174-A of the Indian Penal Code.ratio¶14
Breach of any of the bail conditions shall be a ground for cancellation of bail; identity and residence proof of the applicant and sureties to be verified by the court concerned before bonds are accepted.

Detailed headnote1 paragraphs

Bail granted — U.P. Gangster and Anti-Social Activities (Prevention) Act, Ss. 2/3 — Applicant Shanu Thakur, arraigned in Special Case No.1030 of 2019 (Case Crime No. 01 of 2018, P.S. Kotwali Dehat, District Bulandshahar); gang chart showed involvement in two criminal cases in which he was already enlarged on bail, besides four more cases of criminal history; plea of false implication due to police rivalry; in custody since 17.2.2025; AGA opposed citing habitual offending and risk to prosecution witnesses — Held, considering the submissions of the parties, the larger mandate of Article 21 of the Constitution of India and the dictum of the Apex Court in Dataram Singh Vs. State of U.P. and another, (2018) 3 SCC 22, and Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021, and without expressing any opinion on the merits, applicant released on bail on personal bond and two sureties each in like amount, subject to conditions (no tampering with evidence or threatening witnesses; undertaking against adjournments when witnesses are present; presence before the Trial Court on fixed dates; defaults engaging S. 229-A IPC, S. 174-A IPC and S. 82 Cr.P.C.; breach a ground for cancellation of bail; verification of identity/residence proof before bonds accepted). (Siddharth, J.) Order dated 7.4.2025.