HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1352 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. he present anticipatory bail application has been filed by the applicant apprehending his arrest in Case crime No. 1555/2010 U/S-2/3 U.P. Gangster Act and Anti-Social Activities (Prevention) Act, 1986, Police Station- Gurbuxganj District- Raebareli. Heard learned counsel for the applicants and learned A.G.A. for the State. It is submitted on behalf of the applicants that according to the gang chart, one case has been shown against each of the applicants. The base case has been falsely registered against the applicants. It is a case of no injury. Base case arises out of single incident. In that case, the prosecution witnesses 1 and 2 have turned hostile. The co-accused Satish Soni has been granted anticipatory bail vide order dated 4.12.2025 passed by this court in Anticipatory Bail No.1344 of 2025. It is submitted that charge sheet has been filed, During investigation, the applicants were restrained to be arrested by a Division Bench of this court vide order dated January 11, 2011 passed in M.B. No.223 of 2011 (Annexure No.5). The applicants claim parity. Considering the fact that during investigation, the applicants were not arrested, bail order of the co-accused Satish Soni, the charge sheet has been Versus Counsel for Applicant(s) : Bhanupriya Singh, Shafaq Fatima Counsel for Opposite Party(s) : G.A. Rahul @ Rahul Gautam and Pawan Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) filed; and in light of the undertaking furnished on behalf of the applicants to cooperate in the trial, this Court is of the considered view that the applicants deserve to be granted anticipatory bail, in accordance with the principles laid down by the Hon'ble Supreme Court in Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, subject to his continued cooperation in the trial. In view of the above, the accused-applicants are directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to their furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicants shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicants shall not travel outside India without prior permission from the Court; (iii) The applicants shall not attempt to influence or intimidate any prosecution witness; (iv) The applicants shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the applicants shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed, also on the ground of parity. December 8, 2025 kkb/ ABAIL No. 1352 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench