[ad_1]
Allahabad High Court
Laddan Quaraishi @ Nisar Ahmad vs State Of U.P. Thru.Prin. Secy. Home Lko. on 9 June, 2025
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:35026 Court No. - 11 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 567 of 2025 Applicant :- Laddan Quaraishi @ Nisar Ahmad Opposite Party :- State Of U.P. Thru.Prin. Secy. Home Lko. Counsel for Applicant :- Syed Ahmad Mehdi,Saniya Ansari Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The instant anticipatory bail application has been filed by the applicant with a prayer to enlarge him on anticipatory bail in Case Crime No. 78 of 2025 u/s 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Maharua, District- Ambedkar Nagar.
3. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case merely on the basis of his involvement in one case i.e. Case Crime No. 152 of 2024 u/s 3/5A/8 of Prevention of Cow Slaughter Act and Section 11 of Animal Cruelty Act, and charge-sheet was submitted by the Investigating Officer in the aforesaid case in the most mechanical manner. She further submits that involvement of the applicant was found on the basis of confessional statement of other co-accused persons. Relying on the decision of this Court passed in Crl. Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 118 of 2025, she submits that anticipatory bail can be granted for the offense committed under the provisions of Gangster Act. She next submits that the present F.I.R. was lodged by the police officials and no custodial interrogation is necessary in the present case. She also submits that as the applicant is ready to cooperate in the investigation, he may be enlarged on anticipatory bail.
4. Learned A.G.A. vehemently opposes the prayer of the applicant and submits that the F.I.R. of the case in question was lodged on the basis of his involvement in the aforesaid case. However, he does not dispute the fact that the applicant’s involvement for the offense mentioned in the gang chart is found on the basis of confessional statement of other co-accused persons.
5. Considering the submissions of learned counsel for parties and going through the record as also in view of the statement made by the learned counsel appearing on behalf of the applicant that the applicant will not involve in any activity, which is against the law, the twin conditions contained under Section 19 (4) of theU.P. Gangsters and Anti-Social Activities (Prevention) Act stand satisfied. It is evident that in the case mentioned in the gang chart, the applicant’s involvement was found on the basis of confessional statement of other co-accused persons. It is undisputed fact that custodial interrogation is not required in the present case. Therefore, the applicant is entitled for anticipatory bail and in case he is taken into custody by Investigating Officer/Investigating Agency, he shall be released forthwith on anticipatory bail after taking personal bond of Rs. 50,000/- and two sureties each in the like amount with the following conditions:-
(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
6. With above directions, the anticipatory bail application is allowed.
Order Date :- 9.6.2025
Arpan
[ad_2]
Source link