HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2068 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. Present anticipatory bail application has been filed in Case Crime No. 949 of 2025 under Sections 2(Kha)(1), 2(Kha)(11), 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Sushant Golf City, District-Lucknow. Learned counsel for the applicant submits that in the gang chart, two cases have been shown against the applicant, in both of which he has already been enlarged on bail. The bail orders are on record as Annexure No. 4 to the bail application, collectively. It is further submitted that, out of the two cases, so far as Crime No. 164 of 2022 is concerned, while granting bail the Court has observed that two prosecution witnesses, including the injured witness, have not supported the prosecution case and have turned hostile. It is contended on behalf of applicant that since 2022 the applicant has no other criminal history. He has explained the criminal history of two cases in para 21 of the bail application. The essential ingredients to attract the offence under Section 2(Kha)(1), 2(Kha)(11), 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 are, therefore, missing. Versus Counsel for Applicant(s) : Ishank Srivastava, Punit Kumar Srivastava, Rakesh Srivastava, Shashank Srivastava Counsel for Opposite Party(s) : G.A. Ashish Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 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 co-accused Swapnil Diwedi has already been granted anticipatory bail by this Court vide order dated 16.12.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 482 No. 2023 of 2025. Applicant seeks parity with the order of the said co-accused. It is also submitted that there is no likelihood of the applicant fleeing from the course of justice or tampering with the prosecution witnesses, and 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 learned counsel for the applicant and has submitted that the investigation in the present case is still ongoing. Perused the record as well as the gang chart. A perusal of the gang chart prima facie shows that the same appears to have 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, coupled with the fact that since the year 2022 the applicant has no criminal history, and considering that the co-accused named above has already been granted anticipatory bail, as well as 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 on the ground of parity. 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. NABAIL No. 2068 of 2025 2 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 on the ground of parity. December 19, 2025 Vinay/- NABAIL No. 2068 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench