Neutral Citation No. - 2025:AHC:143811 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 392 of 2025 Applicant :- Aslam And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mushir Khan Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 B.N.S.S. seeking transfer of Sessions Trial No. 314 of 2002, titled State Vs. Aslam, arising out of Case Crime No. 459 of 2002, under Section 3(1) Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali Fatehgarh, District Farrukhabad pending before the Special Judge, Gangster Act, Farrukhabad to the court of competent jurisdiction at Kannauj. When the case is called, no one has appeared on behalf of applicant. Learned A.G.A. is present. A perusal of the paper book would reveal that the accused-applicants have taken contradictory grounds to seek transfer of the trial as on one hand it is pleaded that the court is leaning towards the informant and this has given an apprehension that the applicants-accused may not get a fair trial, whereas on the other hand, it is stated that no lawyer is ready to argue the case for defence under the influence of the complainant. The zimni orders passed by the trial court have been placed on record and the same would show that the accused had been seeking exemption from personal appearance, therefore, it is evident that the applications were filed by their counsel. That apart, the prosecution witnesses already stand cross- examined by defence as their explanation under Section 313 Cr.P.C. was recorded on 22.7.2025. The bald assertion that the trial court is leaning towards the complainant in a case under Uttar Pradesh Gangsters and Anti- Social Activities (Prevention) Act, 1986 is not worth acceptable in the absence of any material. No case is made out for transfer of the case. The application fails and is hereby dismissed. Order Date :- 21.8.2025 P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad