Neutral Citation No. - 2025:AHC-LKO:10591 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1474 of 2025 Applicant :- Subhash Passi @ Subhash Munni Ram Passi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. Counsel for Applicant :- Manjusha Kapil Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Ms. Manjusha Kapil, learned counsel for the applicant and Ms. Sudha Sharma, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 23.01.2025 in Case Crime No.0062 of 2024, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station-Kotwali City, District- Hardoi. 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 prosecution story. 4. Learned counsel for the applicant has submitted that against the present applicant there is two cases shown in the gang chart (Annexure No.2) out of which in one case i.e. Case Crime No.471/2023, the applicant has been granted bail by learned court below and in Case Crime No.707/2023, this Court has passed an order not to take coercive action against the applicant. The bail order has been enclosed as Annexure No.3 with this bail application. The present applicant has criminal history of two cases which are explained in para 6 of the affidavit filed in support of the bail application. 5. Learned counsel for the applicant has further submitted that the present applicant has not misused the liberty of bail so granted to him and detention of the present applicant under Gangster Act is unwarranted. He undertakes that the applicant 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 and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on merits of the case, I find it a fit case for bail. 8. Let the applicant- Subhash Passi @ Subhash Munni Ram Passi, 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 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. Order Date :- 18.2.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench