HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1163 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed by the applicant apprehending their arrest in Case Crime No.0001 of 2023, Under Section 3(1) UP Gangster and Antisocial Activities (Prevention) Act. 1986, Police Station Purakalandar, District Faizabad/Ayodhya. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for accused-applicant submits that in the gang chart only one case has been shown against the accused-applicant. In that case, he has been released on bail. The bail order is on record as Annexure No. 4 to the bail application. Apart from the sole case mentioned in the gang chart, there is no other case pending against the accused applicant. Learned counsel for the applicant submits that the co-accused Iftikhar @ Istikhar has been enlarged on anticipatory bail by this Court vide order dated 16.9.2025 passed in criminal misc. anticipatory bail application U/S 482 BNSS No. 1026 of 2025. Learned counsel for the applicant 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 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 A.G.A. has opposed the anticipatory bail application. Versus Counsel for Applicant(s) : Anil Kumar Tiwari Counsel for Opposite Party(s) : G.A. Sonu @ Ishhaq .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Govt. Lko. .....Opposite Party(s) Perused the record. From perusal of the record it appears that the provisions of the Gangsters Act have been invoked merely on account of his involvement in a solitary case. Prima facie, the applicant appears to have been dragged into this case and falsely implicated. On due consideration to the above and the facts that in one case shown in the gang chart, he has been enlarged on bail; co-accused Iftikhar @ Istikhar has already been granted anticipatory bail, and in view of the undertaking 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 their cooperation in the trial. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and he will not influence the witnesses. The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. In case of default, it would be open for the trial court to proceed in accordance with law. The application is allowed accordingly. November 7, 2025 Madhu D.R/P.S ABAIL No. 1163 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench