Neutral Citation No. - 2025:AHC:28160 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39465 of 2024 Applicant :- Shivam Gurjar Alias Shravan Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Sengar,Prakash Chandra Pandey,Vijay Singh Sengar Counsel for Opposite Party :- Avdhesh Narayan Tiwari,G.A.,Vijay Prakash Chaturvedi Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Anil Srivastava, learned Senior Counsel assisted by Sri Vijay Singh Sengar, learned counsel for the applicant, Sri Amrit Raj Chaurasiya, learned AGA for the State-respondent and Sri Vijay Prakash Chaturvedi, learned counsel for the victim in the solitary case mentioned in the gang-chart. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0088 of 2024, under Sections 2/3 of U.P. Gangsters and Anti-social Activities (Prevention) Act, Police Station- Madhogarh, District- Jalaun, during pendency of the trial in the court below. 3. The aforesaid case has been registered on the basis of an FIR lodged by the Inspector, In-charge of the police station alleging that that four persons named in the FIR, including the applicant, has formed a gang and they are used to committing offences of hurling, abuses, extending threats, and firing with pistol with intent to kill. The FIR further alleges that due to terror of the accused- persons, no person comes forward to give evidence against them. 4. The gang-chart annexed with the FIR mentions the applicant's involvement in a solitary case bearing case crime No.15 of 2024, under Sections 307, 34, 504, 326 IPC and Section 3/25/27 of Arms Act, Police Station-Madhogarh, District-Jalaun. 5. The applicant's involvement in 19 others cases has been disclosed in the bail application and in the supplementary affidavit filed in support thereof. 6. Learned counsel for the victim in the solitary case mentioned in the gang-chart has vehementally opposed the bail application and he has submitted that keeping in view the long criminal history of the applicant, which includes several cases relating to Section 307 IPC as also the Gangster Act, the applicant is not entitled to be released on bail. 7. The only allegation levelled in the FIR is that the members of the gang are used to committing offences of shooting with pistol besides abusing and threatening. The FIR appears to be a tale-mate FIR to shoot the victim of the solitary case mentioned in the gang- chart, which offences under Section 307 IPC. The definition of gang given in Section 2-B of U.P. Gangsters and Anti-social Activities (Prevention) Act, 1986 provides that "Gang" means a group of persons, who acting either singly or collectively, by violence, or threat or show of violence, or intimidation, or coercion, or otherwise with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage…......... 8. There is no such allegation in the FIR. 9. Keeping in view the aforesaid facts, I am of the view that applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Shivam Gurjar Alias Shravan be released on bail in the aforesaid case on furnishing a personal bond and 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 the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. Order Date :- 27.2.2025 Ashutosh Digitally signed by :- ASHUTOSH SINGH High Court of Judicature at Allahabad