Allowed

Ramesh Paswan v. State of U.P.

Allahabad HC7 Sept 2025NABAIL/6860/2025

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to Ramesh Paswan till the submission of the police report in a case under the Gangsters and Anti Social Activities Act, 1986, noting vague allegations and lack of merit in the FIR.

What did the court decide?

Anticipatory bail granted to the applicant till the submission of the police report under Section 193(3) BNSS on furnishing a personal bond of Rs. 50,000 with two sureties.

Ramesh Paswan Vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6860 of 2025

Ramesh Paswan

.....Applicant(s)

Versus

State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Bipin Kumar Tripathi
Counsel for Opposite Party(s)	: G.A.

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Court No. - 69

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HON'BLE VIVEK VARMA, J.

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Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material placed on record.

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This application under Section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No.335 of 2025, under Sections 2(b)(i), 2(b)(iii), 2(b)(xi), 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. -Pipraich, District Gorakhpur.

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Counsel for the applicant submits that the applicant has been falsely implicated in the present case. According to the gang chart, one case is shown against the applicant and in the said case the applicant has been enlarged on bail. Investigation is pending. The applicant has apprehension of his arrest in the above mentioned case. In case the applicant is granted bail, he will not misuse the said liberty.

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He further submits that in the F.I.R., in issue, the allegations with regard to disturbing the public order, as also regarding gaining undue temporal, pecuniary, material or other advantage of like nature against the applicant are vague. In absence of allegation concerning an act or omission on the part of an accused, covered by the definition of terms "gang" and "gangster" as provided under Section 2 of the Gangsters Act, no F.I.R. is maintainable. In the instant case, the F.I.R. is based upon solitary case and not upon any new allegations or discovery of facts having serious reflection on the society, for which purpose the Gangsters Act was enacted.

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Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

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NABAIL No. 6860 of 2025

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Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant, the fact that the applicant has been enlarged on bail in the solitary case shown against him, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant Ramesh Paswan be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 193(3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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

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(ii) 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 from disclosing such facts to the Court or to any police officer;

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(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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The application stands disposed of.

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September 8, 2025 Manish Kr

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(Vivek Varma,J.)

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Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad

Ramesh Paswan v. State of U.P.

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Ramesh Paswan v. State of U.P.

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