Jhullan Rai v. State of U.P., to substantiate his submissions. It is submitted that apar

3. This first bail application has been filed with regard to Case Crime No.39 of 2025, under Sections 2(b) (i) and 2(b) (xi) and 3 of U.P.Gangsters and Anti-Social Activities (Prevention) Act, P.S.-Musafirkhana, District Amethi.

4. As per gang chart, the applicant is shown involved in three cases bearing Case Crime Nos.61 of 2024, 291 of 2023 and 161 of 2023.

5. It has been submitted that out of the aforesaid three cases, applicant has been granted bail in Case Crime no.61/2024 by the trial court in Bail Application No.841 of 2024. It is submitted that so far as the other two cases are concerned, they could not have been included in the gang chart in view of the fact that case crime no.291 of 2023 is under Sections 323, 504, 506, 325, 308 IPC read with Sections 3 (1) (r), 3 (1) (s) and 3 (2) (5) (a) of SC/ST Act, while case crime no.161 of 2023 is under Sections 323, 504, 506 IPC.

6. Learned counsel has adverted to Section 2 (b) (i) of U.P.Gangsters and Anti-Social Activities (Prevention) Act to submit that a 'gang' has been defined as a group of persons who either acting singly or collectively by violence, threat, show of violence, intimidation, coercion or otherwise, with the object of disturbing 'public order' or of gaining undue temporal, pecuniary, material or other advantage for himself or any other person indulges in anti social activities which have been defined therein could only be included in the gang chart.

7. It is submitted that since the aforesaid case crime numbers do not pertain to disturbance of 'public order' or for gaining temporal, pecuniary, material or other advantage for himself or indulges in anti social activities, have been promptly included in the gang chart. Learned counsel has placed reliance upon the judgement rendered by a coordinate Bench of this Court in Criminal Misc Bail Application No.42050 of 2023; Angad Rai @ Jhullan Rai vs State of U.P., to substantiate his submissions. It is submitted that apart from the aforesaid cases indicated in the gang chart, the applicant is shown involved in two other cases which have been duly explained in the supplementary affidavit filed today.

8. Learned A.G.A. has opposed bail application with the submission that by including the said two cases in the gang chart, proper care and procedure in terms of the Act, 1986 has been taken whereafter only they were included in the said gang chart. It is, however, admitted that criminal history other than those cases included in the gang chart have been explained.

9. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it appears that applicant has already been enlarged on bail in one of the cases included in the gang chart as indicated herein above. Coordinate Bench of this Court in the case of Angad Rai (supra) has discussed the aspect of Section 3 (1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act in considerable detail and thereafter arrived at a conclusion that there is a serious distinction between the cases which can be termed as those violating the law and order on one hand and those which disturb the public order on the other. The distinction has thereafter been considered and decided to the aspect that in those matters which disturb the law and order, only private disturbance would be involved whereas in the case of public order, it was suggestive of disturbance caused to the public at large. It has thereafter been held that such cases which fall within the definition of law and order problem and not coming under the definition of public disorder cannot be included in a gang chart to fall under section 2 (b) of the Act.

10. Upon applicability of aforesaid judgment in the present facts and circumstances of the case, section imputed in Case Crime nos. 291 of 2023 and 161 of 2023, by the very applicability of sections, cannot be said to disturb of public order.

11. Thus, this Court finds that the applicant is entitled to be enlarged on bail in view of the fact that he has been enlarged on bail in the remaining Case Crime No. 61 of 2024.

12. Accordingly bail application is allowed.

13. Let applicant-Ravi Tiwari involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) 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 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. Order Date :- 24.4.2025 Renu/- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench

3. This first bail application has been filed with regard to Case Crime No.39 of 2025, under Sections 2(b) (i) and 2(b) (xi) and 3 of U.P.Gangsters and Anti-Social Activities (Prevention) Act, P.S.-Musafirkhana, District Amethi.

4. As per gang chart, the applicant is shown involved in three cases bearing Case Crime Nos.61 of 2024, 291 of 2023 and 161 of 2023.

5. It has been submitted that out of the aforesaid three cases, applicant has been granted bail in Case Crime no.61/2024 by the trial court in Bail Application No.841 of 2024. It is submitted that so far as the other two cases are concerned, they could not have been included in the gang chart in view of the fact that case crime no.291 of 2023 is under Sections 323, 504, 506, 325, 308 IPC read with Sections 3 (1) (r), 3 (1) (s) and 3 (2) (5) (a) of SC/ST Act, while case crime no.161 of 2023 is under Sections 323, 504, 506 IPC.

6. Learned counsel has adverted to Section 2 (b) (i) of U.P.Gangsters and Anti-Social Activities (Prevention) Act to submit that a 'gang' has been defined as a group of persons who either acting singly or collectively by violence, threat, show of violence, intimidation, coercion or otherwise, with the object of disturbing 'public order' or of gaining undue temporal, pecuniary, material or other advantage for himself or any other person indulges in anti social activities which have been defined therein could only be included in the gang chart.

7. It is submitted that since the aforesaid case crime numbers do not pertain to disturbance of 'public order' or for gaining temporal, pecuniary, material or other advantage for himself or indulges in anti social activities, have been promptly included in the gang chart. Learned counsel has placed reliance upon the judgement rendered by a coordinate Bench of this Court in Criminal Misc Bail Application No.42050 of 2023; Angad Rai @ Jhullan Rai vs State of U.P., to substantiate his submissions. It is submitted that apart from the aforesaid cases indicated in the gang chart, the applicant is shown involved in two other cases which have been duly explained in the supplementary affidavit filed today.

8. Learned A.G.A. has opposed bail application with the submission that by including the said two cases in the gang chart, proper care and procedure in terms of the Act, 1986 has been taken whereafter only they were included in the said gang chart. It is, however, admitted that criminal history other than those cases included in the gang chart have been explained.

9. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it appears that applicant has already been enlarged on bail in one of the cases included in the gang chart as indicated herein above. Coordinate Bench of this Court in the case of Angad Rai (supra) has discussed the aspect of Section 3 (1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act in considerable detail and thereafter arrived at a conclusion that there is a serious distinction between the cases which can be termed as those violating the law and order on one hand and those which disturb the public order on the other. The distinction has thereafter been considered and decided to the aspect that in those matters which disturb the law and order, only private disturbance would be involved whereas in the case of public order, it was suggestive of disturbance caused to the public at large. It has thereafter been held that such cases which fall within the definition of law and order problem and not coming under the definition of public disorder cannot be included in a gang chart to fall under section 2 (b) of the Act.

10. Upon applicability of aforesaid judgment in the present facts and circumstances of the case, section imputed in Case Crime nos. 291 of 2023 and 161 of 2023, by the very applicability of sections, cannot be said to disturb of public order.

11. Thus, this Court finds that the applicant is entitled to be enlarged on bail in view of the fact that he has been enlarged on bail in the remaining Case Crime No. 61 of 2024.

12. Accordingly bail application is allowed.

13. Let applicant-Ravi Tiwari involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) 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 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. Order Date :- 24.4.2025 Renu/- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench