HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7885 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Supplementary affidavit filed on behalf of applicant is taken on record. 2. Heard Shri Shivajee Srivastava, learned counsel for the applicant, Shri B.P. Maurya, learned A.G.A. for the State and perused the record. 3. The present application has been moved seeking anticipatory bail in Case Crime no.305 of 2022, under Section 2/3 of the U.P. Gangsters & Anti- Social Activities (Prevention) Act, 1986, Police Station Naini, District Prayagraj, with the prayer that in the event of arrest, applicant may be released on bail. 4. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is further submitted that it is only one case, which has been shown against the applicant in the gang chart and the applicant has already been granted bail in the said case. It is further submitted that the arrest of the applicant was stayed till submission of charge sheet by Division Bench of this Court vide order dated 16.09.2022 passed in Criminal Misc. Writ Petition No.11866 of 2022 (Rajendra Kumar Patel Vs. State of U.P. and 2 others), till submission of charge sheet. Now, the charge sheet has been filed. Learned counsel has referred judgement in the case of Tatheer Jafri (I(n Fir Tatheer jafri @ Allika) and 2 others Vs. State of U.P. through Addl. Chief Secretary/ Principal Secretary Home, Lucknow passed in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.118 of 2025, in which, Co-ordinate Versus Counsel for Applicant(s) : Manoj Kumar Srivastava, Shivajee Srivastava Counsel for Opposite Party(s) : G.A. Rajendra Kumar Patel .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Bench of this Court has held that the anticipatory bail is maintainable under the provisions of Section 482 of BNSS. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 5. On the other hand, learned A.G.A. has opposed the application for anticipatory bail and submitted that the applicant is a member of solver gang. 6. As per first information report, it is only one case, which has been shown against the applicant in the gang chart and the applicant has already been granted bail in the said case. It is further submitted that the arrest of the applicant was stayed by Division Bench of this Court vide order dated 16.09.2022 passed in Criminal Misc. Writ Petition No.11866 of 2022 (Rajendra Kumar Patel Vs. State of U.P. and 2 others), till submission of charge sheet. Now, the charge sheet has been filed. Learned counsel has referred judgement in the case of Tatheer Jafri (I(n Fir Tatheer jafri @ Allika) and 2 others Vs. State of U.P. through Addl. Chief Secretary/ Principal Secretary Home, Lucknow passed in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.118 of 2025, in which, Co-ordinate Bench of this Court has held that the anticipatory bail is maintainable under the provisions of Section 482 of BNSS. 7. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 8. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 9. The anticipatory bail application is allowed. NABAIL No. 7885 of 2025 2 10. In the event of arrest of the applicant- Rajendra Kumar Patel involved in the aforesaid case crime shall be released on anticipatory bail on their 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 not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted 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 him/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would co-operate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 11. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. October 8, 2025 RKM NABAIL No. 7885 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad