Neutral Citation No. - 2025:AHC-LKO:39683 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 702 of 2025 Applicant :- Shakeel Ur Rahman (Shakeel Ur Rahman Khan As Per Aadhaar) Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Nadeem Murtaza,Harsh Vardhan Kediya Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.198 of 2020 under sections 2/3 of U.P. Gangster and Anti social Activities (Prevention) Act, P.S. Hasanganj, district Lucknow. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.Learned counsel for the applicant submits that two cases are shown in the gang chart. As per prosecution case itself, no specific role has been assigned to the applicant in both the cases. Except these two cases, there is no other criminal antecedent of the applicant. Charge sheet has already been filed on 10.4.2022. The gang chart has been prepared casually. During investigation, the applicant was not arrested. Learned counsel has relied on a judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and submitted that after filing of charge sheet, there is no need to send the accused into custody. He has cooperated in the investigation and as noted above, he was not arrested during investigation. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 4. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 5.Considering the above aspects of the matter, perusal of the record, judgment of Supreme Court in Musheer Alam's case (supra), during investigation, the applicant was not arrested, charge sheet has been filed, in the gang chart, no specific role has been assigned to the applicant in both the cases shown in the gang chart and the manner in which the gang chart has been sent and prepared, and without entering into the merit of the case, it would be appropriate to grant protection to the applicant under Section 438 Cr.P.C. 6. In view of the above, it is provided that the applicant shall surrender before the concerned court within 7 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 7. In case of default, it would be open for the trial court to proceed in accordance with law. 8. The application is allowed accordingly. Order Date :- 11.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench