HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7557 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record. 2. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 528 of 2023 under section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Tanda, District Rampur. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. According to the gang chart, one case is shown against the applicant and in the said case the applicant has been enlarged on bail. Investigation has been completed. Charge-sheet has been filed. During the course of investigation, the applicant was granted protection till submission of Police report by this Court vide order dated 7.12.2023 passed in Criminal Misc. Writ Petition No. 18638 of 2023 (Lavesher vs. State of U.P. and 2 others). The applicant had cooperated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. 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. 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 is Versus Counsel for Applicant(s) : Subhash Chandra Pandey Counsel for Opposite Party(s) : G.A. Lovesher Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 5. Learned A.G.A. has 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, the fact that the applicant has been enlarged on bail in the solitary case shown against him, the fact that during the course of investigation, the applicant was granted interim protection till submission of Police report by this Court, charge-sheet has been filed, the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Lovesher Singh, 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 make himself available on each date fixed in the matter by the court concerned; (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 from disclosing such facts to the Court; (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 concerned court. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. NABAIL No. 7557 of 2025 2 9. The application stands disposed of. September 16, 2025 Sachin Mishra NABAIL No. 7557 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad