2. The instant bail application has been filed on behalf of the applicant with the prayer to grant him anticipatory bail in Case Crime No. 124 of 2021, under sections - 2 and 3 of U.P. Gangster Act P.S. - Kotwali District - Sitapur.

3. At the very outset, the objection regarding the maintainability of the instant application are raised in two folds. One that the applicant has moved this application directly to this Court, which is not maintainable as per the law laid down in case of Ankit Bharti Vs. State of U.P. anothers 2020 SCC OnLine All. 1949 and secondly, in light of the provision of sub-section 6(a)(b) of S.438 of CrPC, as amended by U.P. State legislature namely, U.P. State Amendment 2019, (Uttar Pradesh Amendment) Act, 2018 (U.P. Act No. 4 of 2019) (hereinafter referred to as 'Act, 2018, U.P. Act No. 4 of 2019') the benefit of provision of anticipatory bail is available in the matter pertaining to Gangster Act.

4. For summarising the issue, two questions can be formulated;

'I - Whether, the anticipatory bail application could directly be filed before this Court, under the facts and circumstances of the present case?

II - Whether, in light of the repealment of Criminal Proced