HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1220 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. Present application has been filed seeking anticipatory bail in Case Crime No. 627 of 2022, under Section 3(1) of U.P. Gangsters Act, P.S.-Akbarpur, District-Ambedkar Nagar. Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in the sole case mentioned in the gang chart. 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, the applicant has criminal history of three cases which has been explained in para 2 of the supplementary affidavit. It is submitted that in Case Crime No. 317 of 2015 applicant has been enlarged on bail by the Court concerned vide order dated 02.09.2015. In Case Crime No. 171 of 2022 applicant has not received any summon notice. In Case Crime No. 110 of 2021, entire proceedings have been quashed by this Court vide order dated 07.02.2024 passed in Application U/S 482 No. 1131 of 2024. 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 Additional Government Advocate has opposed the prayer made by the Versus Counsel for Applicant(s) : Arti Shukla Counsel for Opposite Party(s) : G.A. Firoj Khan @ Mohd. Firoj Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Anther .....Opposite Party(s) learned counsel for the applicant but could not dispute that it is a case of parity. Perused the record. Perusal of the record and the gang chart indicates that the same has been prepared in violation of Rule 5(3)(a) of the U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021, as no joint meeting of the district authorities appears to have been conducted. Prima facie, the applicant appears to have been dragged into this case and falsely implicated. Thus, in view of the aforesaid facts and circumstances, bail orders of the co-accused persons named above, charge sheet has been filed in the case, only one case has been shown in the gang chart against the applicant in which applicant is on bail, criminal history of the applicant has been explained and also the judgment by the Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 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. Accordingly, it is provided that the applicant shall surrender before the concerned court within ten days from the date of receipt of a certified copy of this order. Upon such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and shall not attempt to influence the witnesses. He shall not leave India without the prior permission of the Court. The trial court shall be at liberty to impose any other condition it deems fit and proper. In case of default, it shall be open for the trial court to proceed in accordance with law. The application is allowed on the ground of parity. November 26, 2025 Vinay/- ABAIL No. 1220 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench