HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1762 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Present anticipatory bail application has been filed in Case Crime No. 244 of 2025, under Section 2/3 of the U.P. Gangsters and Anti- Social Activities (Prevention) Act, 1986, Police Station Shivgarh, District Raebareli. Heard learned counsel for the applicant, learned Additional Government Advocate for the State, and perused the record. Learned counsel for the applicant submits that in the gang chart, only one case has been shown against the applicant, in which he has already been enlarged on bail. The bail order is on record as Annexure No. 3 to the bail application. Apart from the solitary case, there is no other criminal history of the applicant. It is submitted that co-accused Hargovind @ Kallu has been granted bail by this court vide order dated 13.11.2025 passed in Criminal Misc. Anticipatory Bail Application No.1712 of 2025. He seeks parity with the bail order of the said co-accused. It is further submitted that the applicant is ready to furnish an undertaking in compliance with the requirement of Section 19(4)(b) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. It is also submitted that there is no likelihood of the applicant Versus Counsel for Applicant(s) : Bharat Kumar Dixit Counsel for Opposite Party(s) : G.A. Mahesh Prasad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) fleeing from the course of justice or tampering with the prosecution witnesses. In case the applicant is enlarged on bail, he undertakes not to misuse the liberty of bail. Learned Additional Government Advocate has opposed the prayer made by the learned counsel for the applicant. Perused the record. Perusal of the gang chart indicates that the name of the applicant has been shown therein merely on account of his having a criminal history of a single case of the year 2024. Prima facie, it appears that the essential ingredients necessary to constitute an offence under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 are missing in the present case. Thus, in view of the aforesaid facts and circumstances, as also considering the anticipatory bail order of co-accused, named above, and the judgment of the Hon'ble Supreme Court in Sushila Aggarwal and Others vs. State (NCT of Delhi) and Another, (2020) 5 SCC 1, and without expressing any opinion on the merits of the case, this Court finds it appropriate to extend the protection of anticipatory bail to the applicant. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- The applicant shall report to the investigating officer within twenty days' from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. NABAIL No. 1762 of 2025 2 The application is allowed on the ground of parity. November 19, 2025 Madhu D.R/P.S NABAIL No. 1762 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench