HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1556 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed by the applicant apprehending his arrest in Case Crime No. 540/2025, U/S- 2(kha)(17)/3 U.P. Gangster and Anti Social Activities (Prevention) Act 1986, Police Station - Kotwali Gola, District - Kheri. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that one case has been shown in the gang chart in which he has been enlarged on bail. The bail order is on record as Annexure No. 3 to the bail application. Apart from the single case shown in the gang chart, there are four other cases against the applicant which have been explained by him in paragrpah 22 of the bail application. It is further submitted that an F.I.R. under the Gangsters Act has been registered against the applicant without holding the mandatory joint meeting. Learned counsel has drawn the attention of the Court to the F.I.R. itself, which prima facie indicates that no joint meeting between the District Magistrate and other District Authorities was conducted. The applicant is stated to have no other criminal antecedents. Learned counsel for the applicant submits that the co-accused Ikrar who was assigned the similar role has been enlarged on bail by this Court vide order dated 14.010.2025 passed in criminal misc. anticipatory bail application U/S 482 BNSS No. 1495 of 2025. Learned counsel for the applicant seeks parity Versus Counsel for Applicant(s) : Rizwanul Haque Ansari, Santi Counsel for Opposite Party(s) : G.A. Mukhtaar Ahmad @ Tadi .....Applicant(s) State Of U.P. Thru. Secy. Home Lko .....Opposite Party(s) with the order of the co-accused. Learned counsel for the applicant further submits that if the accused is granted anticipatory bail, he undertakes to comply with all conditions imposed by the Court. He shall fully cooperate with the investigation and shall not misuse the liberty granted to him. Learned A.G.A. has opposed the anticipatory bail application. Perused the record. The Hon'ble Apex Court, in Vinod Bihar Lal v. State of U.P. and another, 2025 SCC OnLine SC 1216, and Gorakh Nath Mishra v. State of U.P., SLP (Crl.) No. 7453 of 2025, reiterated the proper procedure to be followed while invoking the provisions of the Gangsters Act and preparing the gang chart. The Court relied upon the judgments of the Hon'ble Allahabad High Court in Sukarmpal v. State of U.P., 2024 SCC OnLine All 5848, and Sanni Mishra @ Sanjayan Kumar Mishra v. State of U.P. and others, 2023 SCC OnLine All 2975, and expressed its disapproval over the casual approach adopted by the authorities who are duty-bound to safeguard the life and liberty of individuals. Furthermore, in Lal Mohammad and another v. State of U.P. and another, SLP (Crl.) No. 6607 of 2023, decided on 14.05.2025, the Apex Court reiterated that the constitutional guarantee of personal liberty assumes great significance when extraordinary legislation with stringent provisions, such as the U.P. Gangsters Act, is invoked. It was emphasized that the powers vested in the State cannot be exercised as instruments of harassment or intimidation, and that procedural safeguards must be strictly adhered to. In view of the observations made above, the provisions of Rule 22 of the Gangsters Rules, 2021, the fact that co-accused Ikrar has been granted anticipatory bail and the undertaking furnished on behalf of the applicant to cooperate in the proceedings, this Court is of the considered opinion that the applicant deserves the benefit of anticipatory bail, in light of the law laid down by the Hon'ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his cooperation during the trial. NABAIL No. 1556 of 2025 2 In view of the above, the accused-applicant is 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 his 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 applicant 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 applicant shall not travel outside India without prior permission from the Court; (iii) The applicant shall not attempt to influence or intimidate any prosecution witness; (iv) The applicant 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 applicant 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. October 17, 2025 R.C. NABAIL No. 1556 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench