2025:UHC:10835 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS BA1 / 2 2 6 7 / 2 0 2 5 Hon’ble Alok Mahra, J. Ms. Priyanka Agarwal, learned counsel for the applicant. 2. Mr. Deepak Bisht, learned Deputy A.G. along with Mr. Rakesh Negi, learned Brief Holder for the State. 3. Applicant-Gurjeet Singh, who is in judicial custody in connection with FIR/Case Crime No. 0258 of 2025 under Section 2/3 of the U.P. Gangster and Anti- Social Activities (Prevention) Act, 1986 registered at Police Station I.T.I., District Udham Singh Nagar has sought his release on bail. 4. Heard learned counsel for the parties and perused the record. 5. Learned counsel for the applicant would submit that on 29.09.2024, an FIR was lodged against the applicant and other co-accused persons alleging that while the police personnel were supervising peace and security arrangements and checking suspicious persons travelling by vehicles during their patrol in the police station area, it was discovered that co-accused Sumair Kaushik had formed a well-organized gang operating within the jurisdiction. It is further alleged that the applicant and other co-accused are members of said gang, which is stated to be involved in various anti-social activities. The cases forming the basis of the gang chart prepared against the applicant include FIR No. 312 of 2024, FIR No. 600 of 2022, FIR No. 521 of 2023, and FIR No. 219 of 2025. 6. Learned counsel for the applicant would submit that the applicant has been 2025:UHC:10835 falsely implicated in the instant case. It is pointed out that in the cases forming part of the gang chart, namely, F.I.R. No. 312 of 2025, in which the applicant has been granted interim protection vide order dated 23.12.2024; F.I.R. No. 600 of 2022 and F.I.R. No. 521 of 2023, in which he has been granted anticipatory bail vide orders dated 02.05.2024 and 30.11.2023 respectively; and F.I.R. No. 219 of 2025, in which he has been granted interim protection vide order dated 27.08.2025, the applicant has already been extended protection by competent courts. Therefore, invocation of the provisions of the Gangster Act against the applicant is wholly mechanical and without satisfying the essential ingredients under Sections 2/3 of the Act. 7. Learned counsel for the applicant would further submit that the applicant is in judicial custody since 29.09.2025; that the court below, vide order dated 13.11.2025, has rejected his bail application; that, the alleged leader of the gang has already been granted bail by this Court vide order dated 17.11.2025; that the applicant is a permanent resident of District Udham Singh Nagar, thus ruling out any possibility of his absconding; and that the trial is likely to take considerable time to conclude. Hence, the applicant deserves to be enlarged on bail. 8. Per contra, learned State counsel vehemently opposes the bail application; however, he does not dispute the submissions regarding the cases mentioned in the gang chart. He also admits that the applicant is in judicial custody since 29.09.2025 and that his bail application was rejected by the court below vide order dated 13.11.2025. 9. Having considered the submissions of learned counsel for the parties and perused the record, it is clear that the prosecution has invoked the provisions of the Gangster 2025:UHC:10835 Act on the basis of certain cases shown in the gang chart. However, in all those cases, the applicant has already been granted either anticipatory bail or interim protection by competent courts. In view of the above facts and circumstances, and without expressing any opinion on the merits of the case, the Court finds it to be a fit case for granting bail. 10. Accordingly, the bail application is allowed. 11. Let the applicant be released on bail, subject to furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned. (Alok Mahra, J.) 05.12.2025 Mamta 2025:UHC:10835