Neutral Citation No. - 2025:AHC:84736 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36418 of 2024 Applicant :- Jainarayan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Shekher Singh Counsel for Opposite Party :- G.A.,Kameshwar Singh Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Chandra Shekher Singh, learned counsel for the applicant and Sri Kameshwar Singh, learned counsel for the informant as well as Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 40 of 2024, under Sections 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, Police Station Chiraiyakot, District Mau, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent. He has nothing to do with the said offence as alleged in the FIR. In the instant case, there is one case mentioned in the gang chart and the applicant has been enlarged on bail in the said case. In addition to it, the applicant has criminal history of five cases assigned to him and he is on bail in all those five cases, as such the applicant is entitled for bail. 5. The applicant is languishing in jail since 05.12.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that the applicant was granted bail in another case under the Gangster Act but he has not complied with one of the conditions mentioned in it that "the appellant shall not indulge in any criminal activity or commission of any crime after being released on bail" and subsequent to the instant bail, the applicant has committed predicated offence in which subsequent to it, another FIR under U.P. Gangsters and Anti-Social Activities (Prevention) Act has been instituted, as such the applicant has not complied with the provisions of Section 19(4)(B) of U.P. Gangsters and Anti-Social Activities (Prevention) Act and there is every likelihood of repetition of the crime by the applicant as such, dual condition under Clause 19(2) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act do not stand fulfilled, as such the applicant is not entitled for bail. 7. 7. In rebuttal, learned counsel for the applicant has stated that the order referred to by learned counsel for the complainant of the erstwhile FIR under section 302 IPC mentions at the fag end that in case of breach of any of the condition, it shall be a ground for cancellation of bail and no bail cancellation application has been moved by either of the prosecution or complainant in the said case, as such the applicant is entitled for bail. 8. It is further stated by learned counsel for the applicant that in the said offence, the applicant was not named in the FIR and his son was assigned the role of committing the said offence. The applicant has simply been implicated in the said case owing his relationship with the main assailant being his father. The instant case is a misuse of process of court. 9. After hearing the parties and taking into consideration the facts and circumstances of the case, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Jainarayan Singh, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 20.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad