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Neutral Citation No. - 2025:AHC:141003 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6373 of 2025 Applicant :- Ravindra Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ahamad Farhan,Haya Rizvi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicants and Sri V.P. Tripathi, learned A.G.A. for the State, and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 235 of 2024 and Special Case No. 1199 of 2025, under Sections 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Pahasu, District Bulandshahr. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. According to the gang chart, one case is shown against the applicants and in the said case the applicants have been enlarged on bail. 4. 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 applicants 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 the pending 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. It is further submitted that the investigation has been completed. The applicants have cooperated in the investigation. Charge-sheet has been filed. No custodial interrogation is required. The applicants have been summoned by the court concerned. The applicants have apprehension of their arrest in the above mentioned case. 5. Learned A.G.A. for the State opposed the prayer for anticipatory
bail but could not satisfactorily dispute the aforesaid submissions from the record. 6.
Having regard to the submissions made, considering the nature of accusations and antecedents of the applicants, the fact that the applicants have been enlarged on bail in the case shown against them in the gang chart, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail during pendency of trial. 7. In the event of arrest, the applicants- Ravindra Kumar and Mamta involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall make themselves available on each and every date fixed in the matter by the court concerned; (ii) The applicants 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 from disclosing such facts to the Court; (iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the concerned court.
8. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
9. The application stands disposed of.
Order Date :- 18.8.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad