Pawan Singh vs State of U.P. Thru. Prin. Secy. Home Lko.

Court No. - 12

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 713 of 2025

Applicant :- Pawan Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Pravin Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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The instant application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in FIR No. 0028 of 2025, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Bakshi Ka Talab, District Lucknow North (Commissionerate Lucknow).

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It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He further submits that the nature of the offence, on the basis of which the offence under the Gangster Act is imposed, is not of which it could be a threat of public at large. He also submits that the applicant never involved in any antisocial activities and without considering the contents and ingredients of the base of the case, the Gangster Act is imposed over the applicant. He further submits that the applicant is ready to cooperate in the investigation proceeding but the police is adamant to arrest him. Thus, submission is the applicant may be enlarged on anticipatory bail.

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On the other hand, learned AGA appearing for the State has vehemently opposed the contentions aforesaid and has submitted that after thorough investigation, the offence under the Gangsters Act has been imposed, as all the ingredients are present in the case. Thus, submission is that the applicant is not entitled for anticipatory bail.

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Considering the submissions of learned counsel for the parties and after perusal of record, it transpires that the nature of offence on the basis of which the offence under the Gangsters Act is imposed, seems to be improper; the applicant is cooperating with the investigation proceedings and he has undertaken to cooperate in the

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investigation proceedings, this Court finds it to be a fit case for grant of interim anticipatory bail.

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Accordingly, till the next date of listing, the present applicant- Pawan Singh, shall be released forthwith, in the event 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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List/put up this matter in third week of August, 2025.

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In the meantime, opposite parties may file their counter affidavits.

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The applicant is directed to appear before the Investigating Officer on 08.07.2025 at 02:00 p.m. and subsequently thereof as and when required by the Investigating Officer, failing which the Investigating Officer shall inform this Court regarding conduct of the applicant.

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Order Date :- 25.6.2025 kkv/

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Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Pawan Singh v. State of U.P. Thru. Prin. Secy. Home Lko.

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Pawan Singh v. State of U.P. Thru. Prin. Secy. Home Lko.

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