Office Notes,

reports, orders or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with Signatures

BA1 No.2467of 2025

Hon’ble Alok Mahra, J.

Mr. Vikas Anand and Mr. Harshpal

Sekhon, learned counsel for the applicant. 2. Mr. Dinesh Chauhan, learned Brief

Holder for the State.

3. Applicant–Gurkirat, who is in judicial custody in connection with Case Crime/F.I.R. No. 258 of 2025, under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, registered at Police Station I.T.I., District Udham Singh Nagar has sought his release on

bail.

4. Heard learned counsel for the parties

and perused the record.

5. Learned counsel for the applicant would submit that Sub-Inspector Kundan Singh lodged the complaint against the applicant and other accused persons alleging that a gang led by one Sumer Kaushik was formed, of which the applicant and others were members, and that the said gang was allegedly involved in several criminal cases of fraud, earning livelihood through criminal activities and

terrorising the local public.

6. Learned counsel for the applicant would further submit that, as per the gang chart, only four cases have been shown against the applicant, namely: protection has been granted to the applicant by a Coordinate Bench of this Court in an anticipatory bail application;

applicant has been granted anticipatory bail by a Coordinate Bench of this Court; (iii) F.I.R. No. 521 of 2023, in which also the applicant has been granted anticipatory bail by a Coordinate Bench of this Court; and (iv) F.I.R. No. 64 of 2023, in respect of which the applicant has filed a bail application before this Court, which is still pending consideration. It is contended that in view of the aforesaid facts, the invocation of the provisions of the Gangsters Act against the applicant is mechanical and without satisfying the essential ingredients of Sections 2/3 of the Act.

7. Learned counsel for the applicant also submits that the applicant is innocent and has been falsely implicated; that, he is in judicial custody since 30.09.2025; that the main accused and alleged gang leader, Sumer Kaushik, has already been granted bail by this Court vide order dated 17.11.2025; and that another co-accused, Gurjeet Singh, has also been granted bail by this Court vide order dated 05.12.2025. It is further submitted that the applicant is a permanent resident of District Udham Singh Nagar, and there is no likelihood of his absconding or misusing the liberty of bail. The trial is also likely to take considerable time to conclude.

8. Per contra, learned State counsel would vehemently oppose the bail application; however, he does not dispute the submissions made on behalf of the applicant regarding the cases shown in the gang chart. He also fairly admits that the co-accused have been granted bail by this Court and that the applicant is in judicial custody since 30.09.2025.

9. Having considered the submissions advanced by learned counsel for the