Neutral Citation No. - 2025:AHC:20164 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46325 of 2024 Applicant :- Harshit Kumar Alias Michal Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant and Sri Ramendra Pal Singh, learned A.G.A. for the State. 2. The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No.409 of 2024, under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention), Act, 1986, P.S. Kotwali Nagar, District- Muzaffar Nagar. 3. It is submitted by learned counsel for the applicant that there is only one case shown in the gang chart against applicant, in which case he is already on bail, the bail order is annexed as Annexure no.3 to the affidavit. It is submitted that the applicant has no criminal history except the case shown in the gang chart. 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. Learned counsel for the applicant submits that the co-accused Imran has already been granted bail by this Court vide order dated 17.12.2024 passed in Criminal Misc. Bail Application No. 42177 of 2024. Applicant is languishing in jail since 3.8.2024 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. 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. The applicant in the present case has been implicated on the basis of the solitary case in the gang chart. It is not in dispute by learned A.G.A. that the applicant has already been enlarged on bail in the solitary case showing in the gang chart. Once the applicant has been enlarged on bail in previous criminal case 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 applicant in custody once the applicant has already been enlarged on bail in the case shown in the gang chart. 6. 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. 7. Let the applicant Harshit Kumar Alias Michal 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. 8. 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 :- 11.2.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad