Neutral Citation No. - 2025:AHC:30576 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44639 of 2024 Applicant :- Lokendra And Another Opposite Party :- State of U.P. Counsel for Applicant :- Dipendra Kumar,Pradeep Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Supplementary affidavit filed on behalf of the applicants is taken on record. 2. Heard learned counsel for the applicant and Shri Manoj Kumar Singh, learned A.G.A. for the State. 3. The present bail application has been filed by the applicants with the prayer to enlarge them on bail in Case Crime No.320 of 2024, under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention), Act, 1986, P.S. Chhapar, District- Muzaffar Nagar. 4. It is submitted by learned counsel for the applicant that there is three cases shown in the gang chart against applicants, in which cases they are already on bail, copy of the the bail order is annexed as Annexure no.2, to the affidavit. It is specifically mentioned in paragraph 2 of the supplementary affidavit that apart from three cases, applicants have criminal history of two more cases, in all these cases applicants have also been granted bail, copies of the bail orders are annexed as Annexure no.1 to the supplementary affidavit. It is the submission of learned counsel for the applicant that applicant neither the gang leader or organizer or member of the gang and the provision of Gangster Act may not be applicable in the facts and circumstances of the case. Applicant is languishing in jail since 03.11.2024 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial. 5. Per contra, the learned A.G.A. has vehemently opposed the prayer for grant of bail but could not dispute the aforesaid facts. 6. The applicants in the present case have been implicated on the basis of the cases shown in the gang chart. It is not in dispute by learned A.G.A. that the applicants have already been enlarged on bail in the cases showing in the gang chart. Once the applicants have been enlarged on bail in previous criminal cases shown in the gang chart which forms the foundation for lodging of the criminal case under the Gangster Act. This Court see no valid ground to detain the applicants in custody once the applicants have already been enlarged on bail in the case shown in the gang chart. 7. Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 8. Let the applicants Lokendra and Mohit involved in aforesaid case crime be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:- i. The applicants will not tamper with the evidence during the trial. ii. The applicants will not pressurize/intimidate the prosecution witness. iii. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted and/ or the applicants shall make themselves available for interrogation by a police officer as and when required. iv. The applicants shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. vi. The applicants shall not leave India without the previous permission of the Court. vii. In the event, the applicants change their residential address, the applicants shall inform the court concerned about new residential address in writing. 9. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 3.3.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad