Neutral Citation No. - 2025:AHC-LKO:2499 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 366 of 2025 Applicant :- Shan Mohammad And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Rajesh Kumar,Suhail Kashif Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Rajesh Kumar, learned counsel for the applicants and Sri Arun Kumar Verma, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant is languishing in jail since 2.12.2024 in Case Crime No. 0654 of 2024 u/s 3(1) of U.P. Gangsters & Anti Social Activities (Prevention) Act, P.S. Ramsanehi Ghat, District Barabanki. 3. Learned counsel for the applicant has submitted that the present applicants have falsely been implicated in this case as they have not committed any offence as alleged in the prosecution story. 4. Learned counsel for the applicants has further submitted that against the present applicant there are two cases shown in the gang chart (Annexure No. 2) in which the applicants have been granted bail by this Court. The bail order has been enclosed as Annexure No. 3 to this bail application. 5. Learned counsel for the applicants undertake on behalf of applicants that the applicants shall not misuse the liberty of bail, if so granted by this Court and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings. 6. Learned Additional Government Advocate has, however, opposed the prayer for bail but he has not disputed the aforesaid submission of learned counsel for the applicant. 7. Considering the facts and circumstances of the case, perusing the material available on record, arguments advanced by the learned counsel for the parties and also considering the fact that there are two cases shown against the each applicants and in that too they have already been granted bail by the court below, the undertaking of the counsel for the applicants that the applicants shall not misuse the liberty of bail and without expressing any opinion on merits of the case, I find it a fit case for bail. 8. Bail application is allowed. 9. 8. Bail application is allowed. 9. Let the applicants- Shan Mohammad & Meraj Ahmad, be released on bail in the aforesaid case crime number on his 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 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. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. . (Rajesh Singh Chauhan, J.) Order Date :- 15.1.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench