Neutral Citation No. - 2025:AHC:19704 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44495 of 2024 Applicant :- Shahzad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Dharmendra Pratap Singh, learned counsel for the applicants and Shri Manoj Kumar Singh, learned A.G.A. and perused the record of the case. The present bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, has been filed on behalf of applicants Shahzad and Shadab, with a prayer to release them on bail in Case Crime No. 250 of 2024, under Section 2/3 Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station-Civil Lines, District-Muzaffarnagar. 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 gang-chart annexed as Annexure No. 2, seven criminal cases against the applicant no. 1 and ten criminal cases, against the applicant no. 2 has been mentioned and in all of which the applicants are on bail. Criminal history of ten cases of the applicant no. 1 and 11 cases of applicant no. 2 have been explained in paragraph nos. 4 and 5 of the the supplementary affidavit It is further submitted that the applicants are not members 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 cases. 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 29.08.2024, undertakes 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 applicants, but has not pointed out any other cases against the applicants 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. Hence, the present bail application is allowed. Let applicants, Shahzad and Shadab, 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 him 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 their counsel. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 11.2.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad