HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1877 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 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. 262 of 2025 under Section 2(b)(i)(xi), 3(1) of U.P. Gangster Act, P.S.- Wazirganj, District-Lucknow. 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 three cases mentioned in the gang chart. In that case, he has been released on bail. The bail order is on record as Annexure Nos. 4, 5 and 6 to the bail application. Apart from the cases mentioned in the gang chart, the applicant has no criminal antecedents. Learned counsel for the applicant submits that the co-accused Abdul Momin, similarly situated and having three cases in the gang chart against him, has been enlarged on anticipatory bail by this Court vide order dated 27.11.2025 passed in Criminal Misc. Anticipatory Bail Application No. 1847 of 2025. Other co-accused persons have also granted anticipatory bail which has been noted by this Court while granting anticipatory bail to the co-accused Abdul Momin. Learned counsel for the applicant seeks parity with the order of the co-accused persons. It has been further submitted if facility of bail is granted, there is no Versus Counsel for Applicant(s) : Ali Moid, Shashank Shekhar Dixit Counsel for Opposite Party(s) : G.A. Naveen Bajpai .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Govt. Lko. .....Opposite Party(s) apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co-operate in speedy trial of the case. 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 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 while preparing the gang chart. Prima facie, the applicant appears to have been dragged into this case and falsely implicated. On due consideration of the facts that prima facie it appears that in the cases shown in the gang chart against the applicant he has been enlarged on bail, ingredients to attract the offence under Section 3(1) of the U.P. Gangster Act and co-accused Abdul Momin, similarly situated, has already been enlarged on bail, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. 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. NABAIL No. 1877 of 2025 2 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. December 3, 2025 Vinay/- NABAIL No. 1877 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench