JUDGMENT :

Subhash Vidyarthi, J.

1. Heard Sri Shikhar Awasthi, the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned A.G.A. for the State, Shri Kamal Kishor Mishra, the learned counsel for the informant and perused the record.

2. The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 639 of 2018, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, P.S. Govindnagar, District Mathura.

3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25-09-2018 by the Station House Officer against two named accused persons (i) Harendra and (ii) Mahesh Vashishtha, alleging that upon perusal of the gang-chart approved by the District Magistrate he came to know that the accused persons are having an organized gang and the members of the gang earn their livelihood by committing offences mentioned under Chapters XVI, XVII, XVIII and XXII of the Indian Penal Code.

4. The gang-chart mentions involvement of the applicant is a solitary case being Case Crime No. 435 of 2018, under Sections 420, 467, 468, 471, 406, 120-B I.P.C., P.S. Govind Nagar, District Mathura, in which the applicant has been convicted by means of a judgment and order dated 17-03-2021 passed by the learned Chief Judicial Magistrate in Criminal Case No. 6633 of 2018.

5. A supplementary affidavit has been filed on behalf of the applicant stating that the aforesaid judgment and order of conviction has been challenged by way of filing Criminal Appeal No. 38 of 2021 in this Court and by means of an order dated 08-08-2022, this Court has released the applicant on bail in the aforesaid case.

6. The learned counsel for the applicant has submitted that the applicant has been implicated on the basis of solitary case mentioned in the gang-chart for which the applicant is in custody since 30-07-2018 and the allegations levelled in the F.I.R. lodged on 25-09-2018 that the Station House Officer came to know from the gang-chart approved by the District Magistrate that the applicant was earning his livelihood by committing offences under Chapter 16, 17, 18 and 22 of the Indian Penal Code, is absolutely vague and baseless. His submission is that the applicant or any person for that matter cannot be prosecuted on the basis of such vague allegations.

7. It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, that he has been falsely implicated in the case, that he is neither a leader nor a member of any gang and he is in jail since 30-09-2018.

8. The learned A.G.A., on the basis of instructions has opposed the prayer for grant of bail to the applicant. He has submitted that it is mentioned in the gang-chart that the accused persons have formed an organized gang; that the co-accused is its leader and the applicant is an active member of a gang and the members of public at large are terrorized to such an extent that no person comes forward to lodge a case or to give evidence against them. The gang-chart further mentions that this gang earns its livelihood by committing offences described under Chapters XVI, XVII, XVIII and XXII of the Indian Penal Code, which acts fall within the purview of Section 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act.

9. Having considered the aforesaid facts and submissions what is apparent from the face of the record is that there is only a solitary case in which the applicant has been implicated and that is under Sections 420, 467, 468, 471, 406, 120-B I.P.C., which was apparently committed against some private individuals. There is absolutely no allegation of any crime affecting the society at large having been committed by the applicant. There is no allegation in the F.I.R. regarding any specific offences having been committed by the applicant apart from the solitary case mentioned in the gang-chart.

10. The allegation that the applicant and the oth