Neutral Citation No. - 2025:AHC:86082 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42503 of 2024 Applicant :- Awadhesh Opposite Party :- State of U.P. Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State and also perused the material placed on record. 2. The present bail application has been filed on behalf of the applicant in Case Crime No. 275 of 2024, under Section 2/3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Ramgarh, District Firozabad, with the prayer to enlarge him on bail. 3. Learned counsel for the applicant submitted that applicant is innocent person and has falsely been implicated in the cases, and is in jail since 12.05.2024. He further submitted that the provisions of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 are invoked against the applicant on the basis of three cases mentioned in the Gang Chart, in which he has been chargesheeted, these cases are not of serious nature. The applicant is enlarged on bail in these three cases, copies of which are annexed as Annexure No.3 to the affidavit, in support of bail application. He further submitted that apart from these three cases shown in the gang chart, there are criminal history of twelve other cases shown against the applicant in counter affidavit. Applicant has explained nine cases of criminal history in affidavit and three cases of criminal history through rejoinder affidavit dated 20.12.2024 alongwith copies of bail orders. 4. Learned counsel for the applicant further submitted that co- accused are enlarged on bail by a co-ordinate Benches of this Court. The applicant under takes to abide by the conditions of bail, if he is enlarged on bail by orders of this Court. There is no probability that on being granted liberty of bail, the accused- applicant flee away from the Court of justice. He is neither running gang, nor infact a member of any gang. The rigour section 19 and 4 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 are not attracted in the case of applicant. 5. Learned A.G.A. has opposed the prayer for grant of bail to the applicant, and submitted that applicant has fifteen cases of criminal history apart from this case, but he could not dispute the fact that co-accused has already been granted bail by a co- ordinate Benches of this Court. 6. Considering the entire facts and circumstances of the case as well as submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and the fact that co-accused and already been granted bail by a co-ordinate Bench of this Court, without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Awadhesh, 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. (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC. (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., may be issued and if 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 IPC. (iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 21.5.2025 Ashish/- Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad