Neutral Citation No. - 2025:AHC-LKO:48023 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7376 of 2025 Applicant :- Dileep Verma Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Atul Verma,Hari Krishna Verma,Sudhanshu Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Hari Krishna Verma, learned counsel for the applicant, Shri Abhay Kumar Singh, learned A.G.A. for the State, Shri Santosh Shukla, learned counsel for the complainant, who is the informant of Case Crime No.626 of 2024, under Sections 308(2) of BNS, P.S. Kotwali Akbarpur, which is the basis of the case mentioned in the gang chart, and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.280 of 2025, under Section 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Kotwali Akbarpur, District Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by the Sub-Inspector of the police station on 23.04.2025, against the applicant Dileep Verma and another person Nitin Verma, stating that the accused persons had formed a gang and they are involved in commission of offences such as extortion / abduction / kidnapping. The gang chart mentions the involvement of the applicant and another co- accused person in a solitary case which was registered on the basis of Case Crime No.626 of 2024, under Section 308(2) of BNS, P.S. Kotwali Akbarpur in which a charge sheet has already been submitted on 05.01.2025 and the applicant has already been released on bail. 4. In the affidavit filed in support of bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. It has also been stated in the affidavit filed in support of the bail application that the applicant is neither a leader nor member of any gang. The applicant has filed a supplementary affidavit disclosing his involvement in 30 other criminal cases. 5. The learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail. 6. The informant of the solitary base case mentioned in the gang chart has filed a counter affidavit opposing the bail application. In para 13 of the bail application, he has stated that the applicant has concealed his involvement in 12 criminal cases. The details of criminal cases allegedly concealed by the applicant has been annexed as annexure No. CA.2 to the counter affidavit. In the verification clause of the counter affidavit, it has been stated that the contents of paragraphs 1 to 17 of the counter affidavit are true to the own knowledge of the deponent of the counter affidavit. 7. From the aforesaid facts, it appears that the deponent of the counter affidavit has made statement about the applicant's involvement in 43 criminal cases on the basis of his own knowledge. The annexure CA-2 merely mentions F.I.R. numbers and sections. There is no information of the name of the police stations in which the F.I.R.s has been lodged in respect of any of the 43 F.I.R.s mentioned in annexure No. CA- 2 of the counter affidavit. 8. When a person comes forward to oppose a bail application and he alleges involvement of the applicant in numerous criminal cases and he alleges concealment thereof by the applicant, he must come forward with the complete particulars of the cases, more particularly, when he has verified this allegation on the basis of his own knowledge. Non-mentioning of the name of the police stations makes the allegation of the informant against the applicant in those criminal cases vague as in the absence of complete particulars of criminal cases including the F.I.R. number, sections of the offences involved in the case and the police station where the F.I.R. was lodged, no person can defend or refute the allegations. 9. The learned counsel for the informant has further submitted that he has given these particulars on the basis of criminal history of the applicant mentioned in the order dated 22.11.2024 passed by Sessions Judge, Ambedkar Nagar in Anticipatory Bail Application No.1224 of 2024. 10. In case the deponent of the counter affidavit has derived this information from any order, he ought to have disclosed in the verification clause that this averment is based on the information derived from the order but the deponent has chosen to state on oath that this statement is true to his own knowledge. When the deponent is opposing the bail application on the basis of his own knowledge, he must have disclosed the complete facts including the name of the police station amongst other things i.e. F.I.R. numbers and sections. Without mentioning complete particulars regarding the criminal cases, the applicant cannot be expected to refute the allegation of his involvement in 43 other criminal cases. 11. In any case, the applicant has been made an accused of offences under Gangster Act on the basis of a gang chart approved by the authorities which mentioned the applicant's involvement in a solitary case under Section 308(2) BNS. The gang chart does not entail a reference to any case relating to kidnapping / abduction / extortion, as has been alleged in the F.I.R. Therefore, it appears that the applicant has been made an accused for the offences under Gangster Act though there have been no material to substantiate the allegation of his involvement in commission of offences relating to kidnapping / abduction / extortion. 12. Having considered the aforesaid facts and circumstances of the case and keeping in view of the fact that as the applicant has already been granted bail in the solitary case mentioned in the gang chart, which forms basis of his implication in the case under the gangster act, and that the applicant is languishing in jail since 03.05.2025 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 13. Accordingly, this bail application stands allowed. 14. Let the applicant- Dileep Verma be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. Order Date :- 14.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench