Neutral Citation No. - 2025:AHC-LKO:3108 Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 407 of 2025 Applicant :- Waheed Khan Opposite Party :- State Of U.P. Thru. Secy. Deptt. Home Lko. Counsel for Applicant :- Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh, J. 1. Heard learned counsel for the applicant, Shri Gyanendra Singh, learned AGA and perused the record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.144 of 2023, under Section 3(1) U.P. Gangster (Prevention of Anti Social Activities) Act, 1986, Police Station Tulsipur, District Balrampur. 3. Learned counsel for the applicant submits that case of the applicant is at par with co-accused Santosh Kumar, having similar situation, has been granted bail by this Court vide order dated 11.08.2023 passed in Criminal Misc. Bail Application No.10159 of 2023. He has further explained the criminal history of the applicant in paragraph-7 of the bail application and submits that applicant is on bail in all the cases and the bail orders have been annexed as Annexure Nos.3 to 9 to the bail application. He also submits that applicant has been in jail since 03.07.2023. Therefore, the applicant is also entitled to be released on bail on the ground of parity. 4. Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid submissions of learned counsel for the applicant. 5. Considering the submissions of learned counsel for parties, material available on record, contents of F.I.R., other relevant documents, nature of offence, gang chart and the fact that the other co-accused, Santosh Kumar having similar situation, has been granted bail by this Court, this Court finds that conditions of Section 19(4) of the Gangster Act are properly complied with and the applicant is not guilty of such offence. Therefore, he is entitled to be released on bail. 6. Let the applicant Waheed Khan be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :- (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 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. 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 174-A of the Indian Penal Code. (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 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. 7. It is made clear that observations made in this order are limited to the purpose of determination of this bail application and will, in no way, be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusion on the basis of evidence led unaffected by anything in this order. . (Brij Raj Singh, J.) Order Date :- 17.1.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench