HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2071 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. The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No. 27 of 2025 under Section 3(1) of U.P. Gangster Act, 1986, P.S.-Naveen Modern, District-Shrawasti. Learned counsel for the accused-applicant, while pressing the bail application, submits that in the gang chart only one case has been shown against the applicant, in which the applicant has already been enlarged on bail. The said bail order is on record as Annexure No. 3 to the bail application. Apart from the sole case mentioned in the gang chart, which is triable by a Magistrate, the applicant has a criminal history of two other cases. In Case Crime No. 15 of 2022, under Sections 322, 504 and 506 IPC, the applicant has been granted bail and the bail order is on record as Annexure No. 6 to the present application. In Case Crime No. 98 of 2022, under Sections 323, 504 and 506 IPC and Section 3(1)(da)(dha) of the SC/ST Act, a final report has been submitted. Specific pleadings in this regard have been made in paragraph 21 of the present application. The charge-sheet in the case has already been filed. Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant. Versus Counsel for Applicant(s) : Arvind Kumar Tiwari, Swati Singh Counsel for Opposite Party(s) : G.A. Jai Prakash .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Dept. Home Lko. .....Opposite Party(s) Perused the record. On due consideration to the aforesaid, prima facie a perusal of the records shows that only on the basis of single case i.e. base case, which is triable by a Magistrate and minimum punishment for the alleged offence is two years, applicant has been made accused in this case, the ingredients to attract the Section 3(1) of the U.P. Gangster Act, appear to be lacking and the charge sheet in the case has already been filed, I am of the opinion that the applicant is entitled to be released on anticipatory bail in this case in the light of the judgment of Supreme Court in the case of Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116, subject to his cooperation in the trial. 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. December 19, 2025 Vinay/- NABAIL No. 2071 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench