HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1825 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Present anticipatory bail application has been filed in Case Crime No.293 of 2025, under Section 2(b)(i), 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali Nagar, District Sitapur. 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 this solitary case, the applicant has explained the criminal history of eleven cases in paragraph 11 of the bail application. It is further submitted that the gang chart has been prepared without conducting any joint meeting, which is prima facie evident from its perusal, and thus is in violation of Section 3(1)(a) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act. The FIR has also been registered by making mention of Chapters 16, 17 and 22 of the Indian Penal Code. Submission of learned counsel for the applicant is that Chapters 16, 17 and 22 of the IPC could not have been mentioned while lodging the FIR, as the Chapters of the IPC and the corresponding Chapters of the BNS are not identical. Reliance has been placed on the judgment of this Court passed in Criminal Misc. Writ Petition No. 9930 of 2024, Abdul Lateef alias Mustak Khan vs. State of U.P. and Versus Counsel for Applicant(s) : Kaushal Kishore Tewari, Shakti Counsel for Opposite Party(s) : G.A. Rajat Mishra @ Shivanshu Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) others, along with other connected matters. 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 learned counsel for the applicant. Perused the record. Perusal of the gang chart indicates that no joint meeting was conducted. The FIR prima facie appears to have been lodged without application of mind. Thus, in view of the aforesaid facts and circumstances, as also considering 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. The application is allowed. November 27, 2025 Madhu D.R/P.S NABAIL No. 1825 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench