Neutral Citation No. - 2025:AHC-LKO:44126 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 818 of 2025 Applicant :- Meet @ Ajay @ Akshay Pratap Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Anil Kumar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. A supplementary affidavit filed by learned counsel for the applicant is taken on record. The present anticipatory bail application has been filed by the applicant apprehending his arrest in Case Crime No. 32/2021, under section 2/3 U.P. Gangster Act and Anti-Social Activities (Prevention) Act, 1986, P.S. Mahrajganj, District- Raibareli.Heard learned counsel for the applicant and learned A.G.A. for the State.Learned counsel for the applicant submits that three cases are shown in the gang chart. In Case Crime Nos. 72 of 2020 and 499 of 2017, the applicant has been acquitted. The respective orders of acquittal are on record as Annexure Nos. 4 and 6. In the third case, i.e., Case Crime No. 37 of 2016, the applicant has been granted bail, and the bail order is annexed as Annexure No. 5 to the bail application. Apart from these, the applicant has a criminal history involving six other cases, in all of which he has also been granted bail. The relevant bail orders are collectively filed as Annexure No. SA-1. Except for these cases, the applicant has no other criminal antecedents. It is further submitted that the cases mentioned in the gang chart are old and the applicant has been falsely implicated. The prosecution lacks any substantive evidence to prove that the applicant is a member of a gang. The charge sheet has already been filed. The applicant undertakes to cooperate during the trial. Learned A.G.A. has opposed the anticipatory bail application. Upon perusal of the record, it appears that there is no prima facie material in the gang chart to attract the provisions of the Gangsters Act. Although the gang chart bears the signatures of the District Magistrate and the Superintendent of Police, the absence of dates next to their signatures reflects a lack of application of mind. This supports the contention that the applicant may have been falsely implicated. Considering the above discussion and the applicant's undertaking to cooperate with the trial, this Court is of the view that the applicant deserves the benefit of anticipatory bail, in light of the Hon'ble Supreme Court's judgment in Sushila Aggarwal and Others vs. State (NCT of Delhi) and Another, (2020) 5 SCC 1, subject to his continued cooperation during the trial. In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to his furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicant shall not travel outside India without prior permission from the Court; (iii) The applicant shall not attempt to influence or intimidate any prosecution witness; (iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.In view of the aforesaid, the application is allowed. Order Date :- 30.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench