Neutral Citation No. - 2025:AHC:91870 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4234 of 2025 Applicant :- Faizan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shams Tabrez Ali Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant as well as Sri V.P.Tripathi, learned AGA for the State, and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 115 of 2025, under Section 2/3 U.P. Gangster and Antisocial Activities (Prevention) Act, Police Station- Mondha Pande, District- Moradabad. 3. Counsel for the applicant submits that according to the gang chart, only one case is shown against the applicant and in the said case the applicant has been enlarged on bail. He further submits that in the F.I.R., in issue, the allegations with regard to disturbing the public order, as also regarding gaining undue temporal, pecuniary, material or other advantage of like nature against the applicant are vague. In absence of allegation concerning an act or omission on the part of an accused, covered by the definition of terms "gang" and "gangster" as provided under Section 2 of the Gangsters Act, no F.I.R. is maintainable. In the instant case, the F.I.R. is based upon solitary criminal case and not upon any new allegations or discovery of facts having serious reflection on the society, for which purpose the Gangsters Act was enacted. At this stage, there is no credible evidence to link the applicant with the offence. It is next submitted that the investigation is pending and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned AGA opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and in particular the fact, that according to the gang chart, one case is shown against the applicant, in the said case the applicant has been enlarged on bail, at this stage, there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant- Faizan be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193(2) of B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (ii) The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. Order Date :- 28.5.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad