Beeru @ Vishwajit Wari v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8204 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J.

¶1Heard Sri Lal Behari Yadav, learned counsel for the applicant and Sri B.P. Maurya, learned A.G.A. for the State and perused the record.

¶2The present application has been moved seeking anticipatory bail in Case Crime No. 95 of 2025, under Sections 3(1) and 2(b)(i) of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Chiraiyakot, District Mau with the prayer that in the event of arrest, applicant may be released on bail.

¶3It is contended by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case. He further submits that no offence is made out against the applicant. It is contended that as per the gang chart two cases have been shown against him. It is further submitted that the applicant is on bail in both the cases shown against him in the gang chart. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

¶4On the other hand, learned A.G.A. has opposed the application for anticipatory bail, however, he does not dispute the factual aspect. Versus Counsel for Applicant(s) : Lal Behari Yadav Counsel for Opposite Party(s) : G.A. Beeru @ Vishwajit Wari .....Applicant(s) State of U.P. and Another .....Opposite Party(s)

¶5I have considered the rival submissions made by learned counsel for the parties.

¶6Two cases have been shown in the gang chart against the applicant and the applicant is on bail in both the cases.

¶7It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

¶8In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out.

¶9The anticipatory bail application is allowed.

¶10In the event of arrest of the applicant-Beeru @ Vishwajit Wari involved in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/-with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :-

(i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned;

(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/her/them from disclosing such facts to the Court or to any police officer;

(iii) The applicant would cooperate during trial and would not misuse the liberty of bail. NABAIL No. 8204 of 2025

(iv) The applicant shall not leave India without prior permission of the Court concerned.

¶11In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant herein. October 8, 2025 Abhishek NABAIL No. 8204 of 2025 (Jitendra Kumar Sinha,J.) High Court of Judicature at Allahabad