HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1145 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record of this anticipatory bail application filed in case crime No.137 of 2023 under section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, P.S. Kotwali Dehat, district Bahraich. 2.Learned counsel for the applicant submits that in the gang chart, one case has been shown against the applicant. In that case, initially arrest stay was granted to the applicant by Division Bench of this court vide order dated 13.4.2023 passed in Crl.Misc. W.P. No.2836 of 2023. The applicant has criminal history of five other cases which has been explained in para 22 of the bail application and one case has been explained in the supplementary affidavit. It is also submitted that the applicant is ready to furnish an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Imran .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s) 3.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 4.Considering the facts and circumstances of the case, and also considering the nature of allegations, the gang chart has been prepared prima facie in violation of Rule 5(3)(a) of U.P. Gangster and Anti Social Activities (Prevention) Rules, 2021 which provides that a joint meeting to be held of the Commissioner of Police, District Magistrate and the SSP before approval is given to the gang chart. In this case, signatures of the S.P. and District Magistrate are on appendix, thus, no joint meeting appears to have been conducted, and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 5. 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. 6. In case of default, it would be open for the trial court to proceed in accordance with law. 7. The application is allowed accordingly. October 17, 2025 kkb/ ABAIL No. 1145 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench