HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1171 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed by the applicant apprehending his arrest in case crime No.391 of 2021 under sections 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Dhaurahra, district Kheri. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that FIR No. 252 of 2017, registered at Police Station Dhaurahra, District Kheri, was challenged by the applicant in Writ Petition No. 16956 (M/B) of 2017, Mohd. Ayub and Others v. State of U.P. and Others, wherein, by order dated 28.07.2017, the petition was disposed of with a direction protecting the liberty of the applicant after submission of the charge sheet. The applicant now apprehends arrest. It is further submitted that in the present Gangsters Act case, only a single case has been shown in the gang chart. In respect of that case, the applicant filed an application under Section 482 Cr.P.C., being No. 6163 of 2017, in which the proceedings have been kept in abeyance vide order dated 19.09.2017. It is also submitted that co-accused Munna @ Ahoaid @ Mohammad Shoaib Versus Counsel for Applicant(s) : Amit Kumar Awasthi Counsel for Opposite Party(s) : G.A. Moh. Ayyoob .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko. .....Opposite Party(s) has been granted anticipatory bail by order dated 28.10.2025, passed in Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. No. 1192 of 2025. Learned counsel for the applicant, therefore, seeks parity with the said co-accused. It is also submitted that the applicant has cooperated during the course of investigation and undertakes to cooperate in the trial. Learned A.G.A. has opposed the anticipatory bail application. On due consideration to the fact that co-accused has been granted bail; the proceedings of single case shown in the gang chart are kept in abeyance and in view of the undertaking given on his behalf to cooperate with the trial, this Court is of the considered opinion that the applicant is entitled to be granted anticipatory bail, in view of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his cooperation in the trial. In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to his furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicant shall not travel outside India without prior permission from the Court; (iii) The applicant shall not attempt to influence or intimidate any prosecution witness; (iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the ABAIL No. 1171 of 2025 2 applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. October 31, 2025 R.C. ABAIL No. 1171 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench