HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1089 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Ashok Kumar Mishra, learned counsel for the applicants, Sri Shikhar Srivastava, learned A.G.A. for the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.654 of 2023, under Sections 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station- Deva, District- Barabanki. 3. The gang chart mentions involvement of the applicants in 3 cases related to the year 2016-17, in all 3 cases, they have been granted bail in the year 2017-18. The applicants had challenged the validity of the FIR by filing Criminal Misc. Writ Petition No.7633/2023 and their arrest was stayed till filing of charge-sheet by means of an order dated 05.10.2023 passed by the Division Bench of this Court. The c harge sheet has been filed on 28.07.2024. 4. In the affidavit filed in support of anticipatory bail application, it has been stated that the applicants are innocent and they have been falsely implicated in the present case. It has also been stated in the affidavit filed in support of the anticipatory bail application that the applicants are neither a leader nor members of any gang. Versus Counsel for Applicant(s) : Ashok Kumar Mishra, Renu Pal Counsel for Opposite Party(s) : G.A. Manoj Kumar And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 5. The learned A.G.A. has opposed the prayer for anticipatory bail but he could not dispute the aforesaid aspects of the matter. 6. Having considered the aforesaid facts and circumstances of the case and the fact that the applicants have been granted bail in all three cases mentioned in the gang chart and that the applicants have no previous criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicants. 7. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicant- Manoj Kumar and Mukesh before the learned Trial Court in the aforesaid case crime, they shall be released on bail on their furnishing separate personal bonds and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicants shall not leave India without the previous permission of the court. (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicants shall not pressurize/ intimidate the prosecution witness. September 24, 2025 V. Sinha ABAIL No. 1089 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench