Neutral Citation No. - 2025:AHC-LKO:2755 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 377 of 2025 Applicant :- Dharmendra Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko Counsel for Applicant :- Gulam Mustafa Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Mukesh Kumar, learned Advocate holding brief of Mr. Gulam Mustafa, learned counsel for the applicant and Sri Ashok Kumar Singh, the learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Dharmendra Kumar) is languishing in jail since 30.11.2024 in Case Crime No.358 of 2024, under Sections 3 (1) of U.P. Gangster and Anti Social Activities (Prevention) Act,1986, Police Station-Ajgain, District-Unnao. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the First Information Report. 4. Learned counsel for the applicant has drawn attention of this Court towards the gang-chart (Annexure No.2 to the bail application), which indicates that there is only one case shown in the gang-chart against the present applicant bearing Case Crime No.258 of 2024, under Sections 309 (4)/317 (2) of B.N.S., Police Station-Ajgain, District-Unnao, in which the applicant has been enlarged on bail by the learned court below vide order dated 23.10.2024 (Annexure No.3 to the bail application). It has also been submitted that the applicant is not involved in any anti social activities and he has been falsely implicated in this case. He has undertaken on behalf of the applicant that he shall abide by the terms and conditions of bail order so imposed and shall co-operate with the trial proceedings properly and shall never misuse the liberty of bail, if he is granted bail. 5. Learned Additional Government Advocate has opposed the prayer for bail but he does not dispute the aforesaid contention of learned counsel for the applicant. 6. Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, the fact that the case shown in the gang-chart, the present applicant has been granted bail by the learned court below vide order dated 23.10.2024 (supra), without expressing any opinion on the merits of the case, I am of the view that the present applicant may be released on bail in this case. 7. Accordingly, the instant bail application is allowed. 8. Let the applicant (Dharmendra Kumar) involved in aforesaid case crime be released on bail 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 which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he 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 applicant 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 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 is issued and the applicant fails 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 208 of the B.N.S., 2023. (iv) The applicant 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 351 of B.N.S.S., 2023. 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. The present applicant shall not leave the country without prior permission of the Court. [Rajesh Singh Chauhan,J.] Order Date :- 16.1.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench