Neutral Citation No. - 2025:AHC:13765 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43207 of 2024 Applicant :- Shiv Shankar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Jagadish Prasad Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Jagadish Prasad Yadav, learned counsel for the applicants, Sri Ajay Singh, learned A.G.A. for the State and perused the record of the case. The present bail application has been filed on behalf of applicants Shiv Shankar and Rahul Chauhan, under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to release them on bail in Case Crime No. 403 of 2024, under Section 2(kha)(1), 3(1) of the U. P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station- Raunapar, District- Azamgarh, during pendency of the trial. It has been submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case due to ulterior motive. In gang-chart annexed as Annexure No. S.A.-I, two criminal cases have been shown against the applicants. It is further submitted that the applicants are not a member or leader or organizer of a gang and they have not abetted or assisted in the activities of a gang as enumerated in clause (b) of Section 2 of the Act. Applicants have no criminal history except the aforesaid case. It is next submitted that there is also no possibility of the applicants either fleeing away from the judicial process or tampering with the witnesses. The applicants, who are languishing in jail since 19.10.2024 undertake that they will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but has not pointed out any other case against the applicant except the cases shown by learned counsel for the applicants. Upon considering the totality of facts, nature and the evidence reflected from record and also taking into consideration the provision of Section 19(4) of the Act and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Let applicants, Shiv Shankar and Rahul Chauhan be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions- (i) The applicants shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer or tamper with the evidence. (ii) The applicants shall not pressurize/intimidate the prosecution witnesses. (iii) The applicants 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 of Cr.P.C. (iv) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 27.1.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad