Neutral Citation No. - 2025:AHC-LKO:35608 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 661 of 2025 Applicant :- Rajat Singh Alias Rajat Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Anil Kumar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. 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.472 of 2022, under Section 2/3 of U.P. Gangster & Anti Social Activities (Prevention) Act, Police Station- Gurubuxganj, District- Raebareli. 3. Learned counsel for the applicant submits that the applicant has falsely been implicated in Case Crime No.120 of 2022, under Sections 386, 323, 504, 506 I.P.C., Police Station- Lalganj, District- Raebareli. In the aforesaid case the investigation was conducted and charge sheet was submitted for the offence under Sections 323, 504, 506 I.P.C. and the trial of the case in question was concluded in terms of compromise and the applicant was acquitted. Accordingly, on the basis of alleged involvement in the aforesaid case, the applicant was also implicated in the present case for the offence of Gangster Act. He further submits that the arrest of the applicant was stayed by this Court vide order dated 21.09.2022 passed in Criminal Misc. Writ Petition No.6979 of 2022. He also submits that once the applicant is acquitted for the offence, which is mentioned in the gang chart, then the trial of the case would be futile one. He further submits that the applicant filed the anticipatory bail application before the court below but the same was rejected. He also submits that the applicant is ready to co-operate in the trial and except the case shown in the gang chart, he does not have any criminal antecedent, hence, he is entitled for anticipatory bail. 4. Learned A.G.A. does not dispute the fact that the arrest of the applicant was stayed by this Court vide order dated 21.09.2022 passed in Criminal Misc. Writ Petition No.6979 of 2022. 5. Considering the submissions of learned counsel for the parties and going through the material available on record, it is evident that the applicant has already been acquitted for the offence, which is mentioned in the gang chart as also the arrest of the applicant was also stayed by this Court vide order dated 21.09.2022 passed in Crl. Misc. Writ Petition No.6979 of 2022, therefore, the applicant is entitled for anticipatory bail. In case the applicant is taken into custody by Investigating Officer/Investigating Agency, he shall be released forthwith on anticipatory bail after taking personal bond of Rs.25,000/- 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./351 B.N.S.S. 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 :- 16.6.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench