HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1463 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present anticipatory bail application has been filed by the applicant in relation to FIR/Case Crime No.201/2025, under Section 3 (1) of U.P. Gangster and Anti Social Activities (Prevention) Act, at Police Station - Khargupur, District - Gonda. 3. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the case. It is further submitted that there is only one case against the applicant shown in the gang chart and in the said case, the applicant is on bail. He further stated that in the F.I.R., in issue, the allegations against the applicant and other persons is of cheating and forgery and regarding gaining undue temporal, pecuniary, material or other advantage of like nature which are vague. He has further stated that in absence of allegation concerning an act or omission on the part of an accused, covered by the definition of term "gang" and "gangster" as provided under Section 2 of the Act, no FIR is maintainable. In the instant case, the FIR is based upon the pending criminal case(s) and not upon any new allegation(s) or discovery of fact (s) having serious reflection on the society, for which purpose the Act was enacted. 4. He also stated that the provisions of the Act could not be used as a weapon to wreak vengeance or harass or intimidate citizens or to settle scores on political or other fronts. He stated that in this case, it appears that the District Administration in order to show good work or to win laurels or seek appreciation from the higher authorities of Government or ruling party has invoked the provisions of the Act, which is Versus Counsel for Applicant(s) : Surya Kumar Counsel for Opposite Party(s) : G.A. Ashok Kumar Chauhan @ Ashok Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) unjustified. He also stated that considering the facts of the case, as stated above, there are reasonable grounds for believing that the applicant is not guilty of the offence under the Gangsters Act. 5. Learned counsel for the applicant further submitted that the co-accused Raju Mishra, Kaptan Yadav @ Mahesh Yadav and Amit Kashyap have been granted anticipatory bail by a co-ordinate bench of this Court vide orders dated 24.09.2025 and 25.09.2025, passed in Crl. Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.1086 of 2025, Crl. Misc. Anticipatory Bail Application U/S 482 BNSS No.1334 of 2025 and Crl. Misc. Anticipatory Bail Application U/S 4482 BNSS No.1357 of 2025. Learned counsel for the applicant submits that the case of the applicant stands on the similar footing, therefore, the applicant is entitled for the same benefit. 6. Taking note of the aforesaid, this Court finds that the applicant is entitled to interim protection. 7. Accordingly, as an interim measure, it is provided that in the event of arrest, the accused-applicant - Ashok Kumar Chauhan @ Ashok Kumar be released forthwith in the aforesaid case crime number on anticipatory bail on his furnishing a personal bond of Rs.25,000/- and two sureties in the like amount to the satisfaction of Station House Officer of the Police Station/Court concerned, with the following conditions:- (i) That the accused-applicants shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation; (ii) That the accused-applicant 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; and (iii) That the accused-applicant shall not leave India without the previous permission of the Court. October 9, 2025 ML/- NABAIL No. 1463 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench