Neutral Citation No. - 2025:AHC:27559 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2584 of 2025 Applicant :- Shishu Yadav Alias Abhishek Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ray Sahab Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Surya Prakash Yadav, learned Advocate holding brief of Sri Ray Sahab Yadav, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 56 of 2023, under Sections 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Kakwan, District- Kanpur Nagar, during pendency of the trial in the court below. 3. Applicant was made accused in the present case on the basis of solitary case shown against him in the gang chart. 4. Learned counsel for the applicant submitted that on the basis of solitary case shown in the gang chart, applicant has been made accused in the present matter. He further submitted that applicant is neither member nor leader of any gang and he never indulged in any anti-social activity and in the solitary case shown in the gang chart, he has already been released on bail. 5. He further submitted that however, apart from the solitary case shown in the gang chart, applicant is having criminal history of one another case but in that case also he has already been enlarged on bail and in the present matter, he is in jail since 29.05.2023 i.e. for last more than one and half years. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the factual arguments advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. It appears that on the basis of the solitary case shown in the gang chart, applicant has been made accused in the present case and in the solitary case, he has already been enlarged on bail and however, apart from the solitary case shown in the gang chart, applicant is having criminal history of one another case but in that case also he has already been enlarged on bail and in the present matter, he is in jail since 29.05.2023 i.e. for last more than one and half years, therefore, this Court is of the view that it is a fit case to release the applicant on bail. 9. In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant- Shishu Yadav Alias Abhishek Yadav be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 11. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 12. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 27.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad