Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43929 of 2024 Applicant :- Yashpal Tomar Opposite Party :- State of U.P. Counsel for Applicant :- Desh Ratan Chaudhary,Siddharth Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri D.R. Chaudhary, learned counsel for the applicant and Shri Roopak Chaubey, learned AGA for the State- respondents and perused the record. 2. The present bail application under Section 439 Cr.P.C. has been filed on behalf of applicant Yashpal Tomar under Section 439 of The Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 136 of 2023, under Section 2/3(1) of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station Dadri, District-Gautam Budh Nagar, during pendency of the trial. 3. It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. In the gang chart only one criminal case has been mentioned. It is next submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The applicant, who is languishing in jail since 30.03.2023 1 of 3 undertakes that he 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. 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant with the contention that the applicant has criminal history of 23 cases explained in the supplementary affidavit from which it is clear that the applicant is a habitual offender and involved in criminal activities since long. He further submits that although the applicant has been granted bail in some of the cases but there is a great danger of law and order in the society if the applicant is being enlarged on bail. 5. It is further submitted that previously also there are some of the cases against the applicant under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 shall have precedence over the trial of any other case against the accused. 6. I have heard learned counsel for the parties and perused the record. 7. Along with the present case, other FIRs have been registered against the applicant and other co-accused persons, as such, inference can be drawn against the applicant that he along with other co-accused persons is operating an organized gang. The totality of circumstances and the gravity of offence mentioned in the said FIRs go against the applicant. 8. The instant case registered against the applicant does not seem to be misuse of the act as the applicant and other co- 2 of 3 accused persons associated with the applicant have a long criminal history. 9. Thus, there is no reasonable ground for this Court to believe that the applicant is not a guilty of such offences and applicant is not likely to commit any offence in future while on bail, as is the requirement of Section 19 (4) of the U.P. Gangster Act. 10. Considering the submissions of learned counsel for the parties, nature of allegations, gravity of offence and all attending facts and circumstances of the case, the Court is of the opinion that it is not a fit case for bail. Hence, bail application of the applicant is hereby rejected. 11. It is made clear that observation made hereinabove are limited to the facts brought in by the learned counsel for the parties pertaining to the disposal of the bail application and the aforesaid observations shall have no bearing on the merits of the case during trial. Order Date :- 06.3.2025 VS 3 of 3 Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad