Neutral Citation No. - 2025:AHC:30403 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47132 of 2024 Applicant :- Ishtakar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicants, Sri R. K. Mishra, learned Additional Government Advocate for the State and perused the record. The present bail application has been filed by accused-applicants seeking bail in Case Crime No.231 of 2024, under Sections 2/3 U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station Gagalheri, District Saharanpur. Learned counsel for the applicants submits that in the gang chart, two cases have been shown against the applicants. In both the cases, the applicants have been enlarged on bail. The bail orders are on record as Annexure-2 collectively to the affidavit filed in support of the bail application. Apart from two cases, the applicant has no previous criminal history. The applicants are in jail since 28.11.2024. It is also submitted that the applicants are ready to furnish an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986. It is further submitted that there is no possibility of the applicants of fleeing away from judicial custody or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants. On due consideration to the facts that the applicants are in jail since 28.11.2024, the applicants have been enlarged on bail in the cases shown in the gang chart, they have no other previous criminal history and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicants on bail. The application is allowed. Let the applicants Ishtakar and Shahjad, involved in the aforesaid case crime number be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/intimidate the prosecution witness. (iii) 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. (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 court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicants shall also file an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 that they will not indulge in any case or misuse the liberty of bail. (vi) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them. Order Date :- 4.3.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad