Neutral Citation No. - 2025:AHC:3099 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39061 of 2024 Applicant :- Gulshan @ Akash Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 153 of 2023 at Police Station- Maharajganj, District- Azamgarh under Section 3 (1) and Section 2 (b) 1 of UP Gangster and Anti Social Activities (Prevention) Act. The bail application of the applicant was rejected by trial court on 15.05.2023. The following arguments made by Shri Jitendra Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Suchit Tandon, learned AGA from the record, entitle the applicant for grant of bail: (1). The applicant has been falsely implicated in this case only to burnish the credentials of the police investigators. (2). The applicant has been enlarged on bail in the four criminal cases depicted in the gang chart. (3). He is not a member of any criminal gang. (4). The applicant has explained his criminal history. The applicant is a financially destitute person who belongs to a marginalized section of the society. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The said cases do not have any bearing on the instant bail application. (5). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Gulshan @ Akash Yadav be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 7.1.2025 Pravin Digitally signed by :- AJAY BHANOT High Court of Judicature at Allahabad