Neutral Citation No. - 2025:AHC-LKO:41654 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 673 of 2025 Applicant :- Rohit Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present bail application has been filed seeking anticipatory bail in case crime No.45/2025, under Sections 2/3(1)of U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, P.S. Shivgarh, District Sultanpur. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that single case has been shown against the applicant in the gang chart under Sections 323, 504, 506, 342, 376-D IPC read with Sections 5/6 POCSO Act. It is submitted that gang chart has been prepared casually without application of mind. The attention of the court has been drawn towards language used in the gang chart wherein it has been alleged that applicant is habitual in committing the offence like rape in order to gain pecuniary advantage however, there is only one case against the applicant under Section 376-D IPC which shows that the District Magistrate as well as the Superintendent of Police in a very casually manner without application of mind and without adverting to the fact that there is only a single case against the applicant under Section 376-D IPC have approved the gang chart, this shows total non-application of mind. It is submitted that there is non-compliance of Rule 10 of U.P. Gangster & Anti Social Activities (Prevention) Act, 2021. It is lastly submitted that mandate issued by Hon'ble Supreme Court in the case of Vinod Bihari Lal vs. State of U.P. and another reported in [2025 SCC OnLine SC 1216] has been flouted. Learned A.G.A. has opposed the prayer made by learned counsel for the applicant submitting that the investigation is going on. Learned counsel for the applicant further submits that he will cooperate in the investigation. Without expressing any opinion on the merits of the case and considering the nature of accusation so also the judgment passed by Hon'ble Supreme Court in Vinod Bihari Lal's case (supra), the manner in which the gang chart has been approved, coupled with the undertaking given by the applicant that he will cooperate in the investigation, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. In view of the above, it is provided that the applicant-Rohit Yadav shall report to the Investigating Officer within twenty days from today who shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. The application stands allowed. Order Date :- 21.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench