HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8869 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Ramakar Shukla, the learned counsel for the applicant, Sri Amit Kumar Dwivedi, learned A.G.A. for the State and Ms. Afrin Bano, the learned counsel the victim, who is the complainant in Case Crime No.237 of 2025, which forms the basis of imposition of the Gangsters Act on the applicant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.359 of 2025, under Sections 2/3 of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Kotwali Nagar, District Pratapgarh. 3. The aforesaid case has been registered on the basis of FIR lodged by Inspector In-charge against the applicant, his father and brother stating that during checking, maintaining peace in the area, maintaining safety and security of the Kawariyan and during investigation when he was patrolling the locality on foot, he came to know that the accused persons have formed an organized criminal gang. However, the gang chart annexed with the FIR was prepared way back on 21.07.2025. It was approved by the nodal officer on 21.07.2025, by the Superintendent of Police on 04.08.2025 and by the District Magistrate also on the same date. 4. The fact that the gang chart had been prepared on 21.07..2025 and had been approved on 04.8.2025. The narration made in the FIR that the informant, Inspector came to know about the gang during patrolling on 05.08.2025, appears to be false. 5. The learned counsel for the applicant has submitted that the gang chart mentions involvement of the applicant in three criminal cases, in all of them he has been granted bail. The applicant is involved in another criminal case and in that case too he has been granted bail. 6. Learned counsel for the applicant further submitted that co-accused Mohd. Versus Counsel for Applicant(s) : Ramakar Shukla Counsel for Opposite Party(s) : G.A. Khurshid Ahmad .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) Govt. Of U.P. Lko. .....Opposite Party(s) Iliyas has already been granted bail by means of an order dated 15.09.2025 passed by this Court in Crl. Misc. Bail Application No.8664 of 2025. 7. The learned counsel for the complainant has vehemently opposed the bail application and he has submitted that the applicant has threatened another person for extracting money from him recently. In response to the aforesaid allegation, learned counsel for the applicant stated that the applicant is languishing jail since 05.08.2025. 8. The learned counsel for the complainant next submitted that the offence has been committed recently by the other members of the gang. In reply to this objection, the learned counsel for the applicant has submitted that both the others members of the gang are also languishing in jail and the applicant's father Mohd. Ilias has been granted by the aforesaid order and the bail application of other co-accused persons is sill pending. In these circumstances, the allegations that the applicant and the other members of his gang, who happened to be the applicant's father and brother, have committed some other offence yesterday appears to be baseless. 9. There is nothing on record which may give rise to a reasonable apprehension that the applicant may tamper with the evidence or influence the witnesses or that the applicant will abscond and will not face the trial or that he is likely to commit any other offence in case he is released on bail. 10. In view of the aforesaid discussion, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. 11. Accordingly, the bail application is allowed. 12. Let the applicant- Khurshid Ahmad be released on bail in the aforesaid case registered under Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 on his furnishing a personal bond and two reliable sureties, each of the like amount, to the satisfaction of the 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. September 16, 2025 -Amit K- BAIL No. 8869 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench