Neutral Citation No. - 2025:AHC:24292 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47412 of 2024 Applicant :- Rihan Opposite Party :- State of U.P. Counsel for Applicant :- Jamaluddin Mohd. Nasir,Mohd Nazam Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 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 483 of B.N.S.S., 2023 has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No.353 of 2024, under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention), Act, 1986, P.S. Khatauli, District- Muzaffarnagar. 3. It is submitted by learned counsel for the applicant that there are three cases shown in the gang chart against applicant, in all these cases he is already on bail, copies of the the bail orders are annexed as Annexure no.3, 4 and 5 respectively to the affidavit. It is specifically mentioned in paragraph 13 that apart from three case, applicant has criminal history of one case, in which case applicant has also been granted bail copy of the the bail order is annexed as Annexure no.6. 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. It is further submits that similarly circumstanced co-accused Javed @ Kallu has already been enlarged on bail by co-ordinate Bench of this Court on 27.11.2024 in Criminal Misc. Bail Application No. 42406 of 2024. Applicant is languishing in jail since 5.11.2024 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. 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 Rihan 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