HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1135 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard the learned counsel appearing on behalf of the applicant as well as learned AGA for the State of U.P. 2. The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No.253 of 2022, under Section- 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Kotwali, District- Sitapur. 3. The submission of learned counsel for the applicant is that the applicant is an innocent person and he has falsely been implicated in the case. 4. He further stated that in F.I.R., in issue, the allegations with regard to disturbing the public order as also regarding gaining undue temporal, pecuniary, material or other advantage of like nature against the applicant are vague. 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. 5. 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. 6. 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 unjustified. 7. 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 and that he would not commit the offence while on bail. He also submitted that the applicant while on bail would not commit any crime/offence nor would try to tamper the evidence or influence the witnesses in any manner whatsoever it may be. 8. It is further stated that the interest of the applicant was protected by this Court in relation to Case Crime No. 253 of 2022 vide order dated 23.06.2022 passed in Criminal Misc. Writ Petition No. 3804 of 2022 (Ritesh Jaiswal and another vs. State of U.P. and others) and therefore, pursuant to the order of this Court dated 23.06.2022 the applicant was not arrested and now the charge sheet has been filed as such, taking note of the law laid down by the Hon'ble Apex Court in this regard and also the fact Versus Counsel for Applicant(s) : Pawan Kumar Pandey Counsel for Opposite Party(s) : G.A. Ritesh Jaiswal .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Govt. Lko. .....Opposite Party(s) that the interest of co-accused/Anup Singh has been protected by this Court vide order dated 25.09.2025 passed in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. 1079 of 2025, the present applicant is also entitled to interim protection and the instant application is liable to be allowed. 9. Learned A.G.A. opposed in the instant application, however, he could not dispute the aforesaid facts. 10. Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 11. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Ritesh Jaiswal before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on their furnishing personal bond 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 applicant shall make themselves available for interrogation by a police officer as and when required; (ii) that the 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 or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. October 10, 2025 Arun/- ABAIL No. 1135 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench