Neutral Citation No. - 2025:AHC-LKO:35214 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 639 of 2025 Applicant :- Sayem Yazdani Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Govt. Lko. Counsel for Applicant :- Prabhat Kumar Mishra,Abdul Ahad,Jatin Raheja,Shobhit Harsh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. In pursuance of earlier order, Shri Vijay Sen Singh, Inspector P.S.- Kotwali Nagar, District- Barabanki /Investigating Officer of case in question is present before this Court along with the complete case diary. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The present application under Section 438 of Cr.P.C. has been filed for anticipatory bail in Case Crime No.337/2024 under section 3(1) of UP Gangster and Anti-Social Activities (Prevention) Act, Police Station- Kotwali Nagar, District- Barabanki. 4. Learned counsel for the applicant submitted that the applicant is an innocent person and he has been falsely implicated in the present case on the basis of one case mentioned in the gang chart against him. He further submitted that there is no material evidence collected by Investigating Officer in the case shown in the gang chart. He further submitted that the applicant is ready to cooperate in the investigation and there is high possibility that he may be arrested by the Investigating Officer, who is very adamant to take the applicant into custody. Therefore, the anticipatory bail may be granted to him. 5. Learned A.G.A. opposed the prayer of applicant and submitted that applicant is not cooperating in the investigation, as a result, on the basis of evidences collected by the Investigating Officer, non-bailable warrant has been issued against him by the Competent Court on 19.11.2024. He further submitted that even after the issuance of non-bailable warrant, applicant is not cooperating in the investigation. Therefore, he is not entitled for anticipatory bail. 6. Considering the argument of learned counsel for the parties and going through the contents of the FIR, case diary as well as other relevant documents, it is evident that non-bailable warrant has already been issued against the applicant on 19.11.2024 due not non-compliance in the investigation, therefore, this Court is not inclined to interfere in the present case. 7. Accordingly, the present application U/S 438 Cr.P.C. is hereby dismissed. 8. However, it is open to the applicant to file regular bail before the Contempt Court. In case, regular bail is filed by the applicant, then same shall be considered and decided in accordance with the law. 9. Presence of officer is hereby dispensed with. Order Date :- 11.6.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench