Neutral Citation No. - 2025:AHC-LKO:11061 Court No. - 3 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1532 of 2025 Applicant :- Arkit Yadav @ Somu @ Somu Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko Counsel for Applicant :- Anil Kumar Yadav,Devansh Singh Chauhan,Manoj Kumar Counsel for Opposite Party :- G.A. Hon'ble Irshad Ali,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State-respondent. 2. The applicant seeks bail in Case Crime/FIR No.10 of 2020 under Section 2/3 U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986, P.S.Harchandpur, District Raebareli. 3. Learned counsel for the applicant has submitted that three cases have been shown in the Gang Chart and in all the cases, the applicant has been granted bail. In Case Crime No.366/2019, under Sections 147, 148, 149, 323, 302, 201, 120-B, 216 IPC, P.S. Harchandpur, District Raebareli, he has been granted bail by this Court vide order dated 7.2.2025, passed in CRIMINAL MISC. BAIL APPLICATION No. - 12227 of 2024, in Case Crime No.78 of 2017, under Sections 147, 148, 149, 504, 506, 342, 392, 411 IPC, P.S. Mill Area, District Raebareli, he has been granted bail vide order dated 17.6.2020, passed by Sessions Judge, Raebareli and in Case Crime No.500/2016, under Sections 336, 504, 506, 427 IPC, P.S. Mill Area, District Raebareli, he has been granted bail vide order dated 30.11.2018, passed by Additional Chief Judicial Magistrate, Court No.9, Raebareli. 4. The cases other than gang chart are explained in paragraph-8 of the bail application, wherein in Case Crime No.586 of 2017 under Section 3/4 U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986, the proceeding has been quashed vide order dated 6.6.2019 and one complaint has been lodged bearing Case Crime No.366/2019, P.S. Harchandpur, District Raebaerli has been lodged against the applicant during the course of jail period, therefore, submission is that the case is false and frivolous against the applicant. 5. The applicant is in jail since 31.1.2020. It has also been submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. He also submits that in case the applicant released on bail, he will not misuse the liberty of bail and will cooperate in trial. 6. Learned AGA has opposed the prayer for bail but not contradicted the aforesaid fact. 7. Considering the fact that the applicant has been granted bail in all the cases shown against him in the Gang Chart, he is entitled for the bail. Thus, the bail application is allowed. 8. Let the applicant Arkit Yadav alias Somu alias Somu Yadav be released on bail in aforesaid first information report number on his furnishing a personal bond and two reliable 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. 13. 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. Order Date :- 19.2.2025 Gautam Digitally signed by :- GAUTAM TECKCHANDANI High Court of Judicature at Allahabad, Lucknow Bench