Neutral Citation No. - 2025:AHC:20269 Court No. - 50 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2149 of 2025 Applicant :- Prashant Opposite Party :- State of U.P. Counsel for Applicant :- Balbir Yadav,Pooja Yadav Counsel for Opposite Party :- G.A. Hon'ble Chandra Kumar Rai,J. 1. Heard Sri Balbir Yadav, learned counsel for applicant, Sri Muni Raj Mehrotra, the learned A.G.A. for the State and perused the record. 2. Applicant-Prashant seeks bail in Case Crime No.111/2021, under Section 2/3 of U.P Gangsters and Anti- Social Activities (Prevention) Act, P.S. Pisawa, District Aligarh. 3. It is submitted that applicant is neither a leader nor a member of any gang. It is further submitted that in one case encrypted in the gang-chart, particulars of which are mentioned in paragraph nos. 7 & 8 of the affidavit, applicant has already been bailed out by this Court on 24.3.2022, bail order is Annexure-3 to this application. He also claims parity with the order dated 27.5.2022 whereby co-accused Dhanpal has been released on bail by this Court in Criminal Misc. Bail Application No.15462/2022. It is also submitted that the applicant is in jail since 4.9.2021, undertakes not to misuse the liberty of bail, he be enlarged on bail. 4. Learned AGA has opposed the prayer for bail. He further submitted that apart from the case mentioned in the gang chart, accused has also a criminal history of one case under Section 25 of the Arms Act. 5. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail. 6. Let the applicant involved in aforesaid case be released on bail on 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 :- 13.2.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad