HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7285 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri Rajshekhar Srivastava, 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. 528 of 2025, under Sections 2(b)(i), 2(b)(v), 2(b)(xi), 2(b)(xix), 3(i) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Ramharhtal, District Gorakhpur. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. 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. 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 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 the Versus Counsel for Applicant(s) : Kiran Rani, Laloo Yadav Counsel for Opposite Party(s) : G.A. Akash Gupta .....Applicant(s) State of U.P. .....Opposite Party(s) 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 is pending and the applicant has apprehension of his arrest in the above mentioned case. In case the applicant is granted anticipatory bail, he will not misuse the said liberty. 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 applicant, and the fact that the applicant has been enlarged on bail in the case shown against him 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 applicant- Akash Gupta 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 applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 them from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court; (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court; NABAIL No. 7285 of 2025 2 (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court; (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C. 8. 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. September 15, 2025 SKT/- NABAIL No. 7285 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad