Neutral Citation No. - 2025:AHC-LKO:49100 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 876 of 2025 Applicant :- Asgar Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Dinesh Kumar, , Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dinesh Kumar, the learned counsel for the applicant, Sri Rajesh Kumar Singh learned A.G.A.-I appearing on behalf of the State and Sri Shishir Jain, the learned Special counsel for the High Court of Judicature at Allahabad, who has appeared before this Court in furtherance of a request made by the Court on the last date and, who has produced written instructions sent by the Special Judge (Gangsters Act)/ Additional Session Judge, Court No.9, Sitapur. 2. A Copy of the written instructions provided by Sri Shishir Jain, the learned Special counsel for the High Court of Judicature at Allahabad is taken on record. 3. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 12 of 2024, under Sections 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, registered at Police Station Thangaon, District Sitapur. 4. On the last date, the learned A.G.A-I has raised a preliminary objection that the applicant has approached this Court directly without first approaching the Session Judge seeking anticipatory bail. In response of this objection, the learned counsel for the applicant had made a statement that anticipatory bail applications concerning offences under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, are not accepted before the Session Court on the ground that the bail application is not maintainable. Upon this statement having been made, the Court had requested Sri Shishir Jain, the learned Special counsel for the High Court of Judicature at Allahabad to obtain instructions in this regard and clarify the position. 5. In the written instruction provided to Sri Shishir Jain, it is mentioned that all the bail applications are filed in computer section of the Court and no application is filed in the concerned Court directly. Therefore, there is no occasion for denial of taking any application on record of the Court and denial of its consideration in accordance with law. 6. Some orders passed on anticipatory bail applications concerning offences under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, have been placed before this Court along with the instructions which shows that anticipatory bail applications concerning offences under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, are being filed before the Session Court and the same are being considered and decided by the Court of Special Judge. Therefore, the aforesaid statement made by the learned counsel for the applicant that anticipatory bail application concerning offences under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, are not being accepted before the Session Court, is false. 7. At this stage, the learned counsel for the applicant prays for liberty to file an anticipatory bail application before the Session Court. 8. Accordingly, the anticipatory bail application filed before this Court directly is dismissed, leaving it open for the applicant to approach the Session Court with his pray for grant of anticipatory bail. . (Subhash Vidyarthi,J.) Order Date :- 21.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench