HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1335 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- 170 of 2020, Under Section 3 (1) U.P. Gangster and Anti social Activities (Prevention) Act, 1986, Police Station- Ramsanehighat, District- Barabanki. Heard learned counsel for the applicant and learned A.G.A. for the State. Supplementary affidavit filed by learned counsel for the applicant is taken on record. Learned counsel for the applicant submits that only one case is mentioned against the applicant in the gang chart, in which he has already been granted bail. It is further stated that besides this single case reflected in the gang chart, the applicant has criminal antecedents in two other cases, the details of which have been duly explained in paragraph 2 of the supplementary affidavit. It is further submitted that, in the present matter, the personal liberty of the applicant had been protected during the course of investigation by virtue of the order dated 08.07.2020 passed in Misc. Bench No. 9213 of 2020, a copy whereof has been brought on record as Annexure No. 3 to the bail application. Versus Counsel for Applicant(s) : Mithila Bakhsh Tiwari, Abhishek Kumar Counsel for Opposite Party(s) : G.A. Durgesh Kumar Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Learned AGA has opposed the bail application. Upon perusal of the material on record, it is evident that the arrest of the applicant was earlier stayed during investigation by order dated 08.07.2020, and thereafter, the charge sheet has been submitted. There appears to be no reason to send the petitioner-applicant in custody. Considering the observations made hereinabove and taking into account the undertaking furnished on behalf of the applicant to cooperate in the trial proceedings, this Court is of the considered view that the applicant is entitled to be granted anticipatory bail, in light of the principles laid down by the Hon’ble Supreme Court in Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, subject to his continued cooperation during 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 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. December 4, 2025 R.C. ABAIL No. 1335 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench