Neutral Citation No. - 2025:AHC-LKO:34202 Court No. - 12 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 550 of 2025 Applicant :- Mohammad Samim @ Nanhkulle Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Arti Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1. Supplementary Affidavit filed by the learned counsel for the applicant is taken on record. 2. This anticipatory bail application has been moved by the applicant, Mohammad Samim @ Nanhkulle, seeking anticipatory bail in FIR No.150/2025, Sections Involved: 2(b)(i), 2(b)(xi), 3 U.P.Gangster Act, Police Station: Gauriganj, District Amethi. 3. Learned counsel for the applicant submits that six cases have been shown in the gang chart against the applicant. In all these cases, the applicant has already been enlarged on bail. The relevant bail orders are on record. Apart from these six cases, there are five additional cases against the applicant, in which he has also been granted bail. The applicant has explained his criminal history. 4. It is further submitted that the applicant is innocent. The co-accused, gang leader Shaheed @ Pinku, has already been granted anticipatory bail by a coordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 548 of 2025 (Shaheed @ Pinku vs. State of U.P. and Another) vide order dated 29.05.2025. The applicant seeks parity with the bail order of co-accused Shaheed. 5. Learned A.G.A. appearing for the State has opposed the prayer for anticipatory bail but has not disputed the facts stated above. 6. Perused the record. 7. Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material available on record, and subject to further evidence being led in trial, it appears that applicant has already been enlarged on bail in all the cases filed against him as averred in the affidavit filed in support of the application and therefore, conditions indicated in Section 19(4) of U. P. Gangster and Anti-Social Activities (Prevention) Act, 1986 stand complied with at this stage, therefore the applicant is entitled to be released on anticipatory bail in this case, and considering the fact that the co-accused-gang leader has already been granted anticipatory bail by coordinate Bench of this Court, the applicant is also entitled to anticipatory bail in the present case. 8. 8. Accordingly, the anticipatory bail application is allowed. 9. Let the applicant, Mohammad Samim @ Nanhkulle, be released on anticipatory bail in the aforesaid case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the following conditions in the interest of justice: (i) The applicant shall file an undertaking that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default, the trial court may treat it as abuse of the liberty of bail and take action in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of absence without sufficient cause, the trial court may proceed under Section 269 of the Bharatiya Nyaya Sanhita, 2023 (BNS). (iii) If the applicant misuses the liberty of bail and, in order to secure his presence, a proclamation under Section 84 BNS is issued and he fails to appear on the date fixed, the trial court shall initiate proceedings under Section 209 BNS. (iv) The applicant shall be personally present before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge, and (c) recording of statement under Section 351 BNS. If the trial court finds his absence deliberate or without sufficient cause, it may treat the default as abuse of bail and proceed against him in accordance with law. Order Date :- 2.6.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench