Neutral Citation No. - 2025:AHC:24315 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46993 of 2024 Applicant :- Arif And Another Opposite Party :- State of U.P. Counsel for Applicant :- A.C.Srivastava,Subham Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. (Order on Crl. Misc. Deletion Application No. Nil of 2024) 1. Deletion application is allowed. 2. The name of applicant no. 2 (Azad S/o Shamshad) is deleted from the array of parties of the present bail application. (Order on Bail Application) 1. Heard Shri Mohd Nazam, learned counsel for the applicant and Shri Purshottam Maurya, learned A.G.A. for the State. 2.The present bail application under Section 439 of Cr.P.C. has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 257 of 2024, under Section 2/3 (1) U.P. Gangster and Anti Social Activities (Prevention) Act, P.S. Dadri, District - Gautam Budh Nagar. 3. It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. He further submits that five cases have been shown in the gang chart against the applicant in which he has been enlarged on bail. Copy of the bail orders have been annexed as Annexure No. 3 to the bail application. He further submits that except the cases mentioned in the gang chart, there are 13 cases criminal history which has been explained in para SA-2 to the supplementary affidavit. It has also been submitted that the applicant is not involved in any anti-social activities and he is not a member of any gang. He further submits that the applicant is in jail since 15.11.2024. In case he are granted bail, he will not misuse the liberty and would cooperate in the trial proceedings. 4. Per contra, the learned A.G.A. has vehemently opposed the prayer for grant of bail but he could not dispute the aforesaid facts. 5. 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 applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant Arif involved in aforesaid case crime be released on bail on his 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 applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/ or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The applicant 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 applicant 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 applicant shall not leave India without the previous permission of the Court. vii. In the event, the applicant changes his residential address, the applicant shall inform the court concerned about new residential address in writing. 7. 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 :- 19.2.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad