Shamshad Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 616 of 2025

Shamshad

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another .....Opposite Party(s) Counsel for Applicant(s) : Arti Shukla 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 Ms. Arti Shukla, learned counsel for the applicant, Shri Jayant Singh Tomar, learned A.G.A.-I for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.168 of 2025, under Sections 2/3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Chanda, District Sultanpur.

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The gang chart mentions involvement of the applicant in solitary case, in which he has been granted bail. The applicant is involved in 9 other cases in which he has been granted bail.

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A co-accused Irfan has been granted anticipatory bail in the present case by means of an order dated 11.06.2025 passed by the Co-ordinate Bench of this Court in Crl. Misc. Anticipatory Bail Application u/s 482 BNSS No.624 of 2025.

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In the affidavit filed in support of bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. It has also been stated in the affidavit filed in support of the bail application that the applicant is neither a leader nor member of any gang.

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The learned A.G.A.-I has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

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NABAIL No. 616 of 2025

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2

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Prima facie it appears that the applicant has been implicated in the present case merely because he has a criminal history. There appears to be no reasonable ground for prima facie believing that the applicant is guilty of the offence alleged.

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The minimum punishment which can be imposed in case of the applicant's conviction is imprisonment for two years.

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There is nothing on record which may give rise to a reasonable apprehension that the applicant may tamper with the evidence or influence the witnesses or that the applicant will abscond and will not face the trial or that he is likely to commit any other offence in case he is released on bail.

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Having considered the aforesaid discussion, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on anticipatory bail on the ground of parity.

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In view of the above, the anticipatory bail application of the applicant is allowed . In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court :

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(i) that the applicant shall make himself/herself 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 the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and

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

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September 4, 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

Shamshad v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

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Shamshad v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

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