Neutral Citation No. - 2025:AHC-LKO:11235 Court No. - 30 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1633 of 2025 Applicant :- Smt. Bano @ Banno And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Ashish Raman Mishra Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J. 1. Heard Shri Ashish Raman Mishra, learned counsel for the applicants, learned A.G.A for the State-opposite parties and perused the record. 2. The present bail application has been filed by the applicant under Section 439 Cr.P.C. (Now Section 483 of B.N.S.S., 2023) in Case Crime/FIR No.37 of 2025, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station-Ramgaon, District-Bahraich, with a prayer to enlarge him on bail. 3. The submission of learned counsel for the applicant is that the applicant are innocent persons and have been falsely implicated in the present case and they are in jail since 02.02.2025. It is further submitted on behalf of applicants that one case has been shown in the gang chart and in the said case applicants have been enlarged on bail by the coordinate Bench of this Court vide order dated 25.09.2024 passed in Criminal Misc. Bail Application No.10249 of 2024 and order dated 24.05.2024 in Criminal Misc. Bail Application No.5544 of 2024. In these circumstances, the applicants are entitled for bail in the present case. In case of being enlarged on bail, they will not misuse the liberty of bail. 4. Learned A.G.A. has opposed the prayer for grant of bail but has fairly conceded that in one case mentioned in the gang chart, applicants have been enlarged on bail by the coordinate Bench of this Court as aforesaid. 5. Considering the submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances; the fact that they have been enlarged on bail by this Court in one case shown in the gang chart and this Court finds that condition of Section 19 (4) of the Gangster and Antisocial Activities (Prevention) Act, 1986 are properly complied with and at this stage, he is not guilty of such offence, therefore, applicants are entitled to be released on bail. The present bail application is allowed. 6. The present bail application is allowed. 6. Let the applicants-Smt. Bano @ Banno and Dost Mohammad @ Sher Ali who are involved in aforementioned case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicants shall not commit or participate in any offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected. (ii) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iii) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the date 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. (iv) The applicants shall remain present before the Trial Court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against them under Section 229-A IPC (Now Section 269 of B.N.S, 2023). (v) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. (Now Section 84 of B.N.S.S., 2023), may be issued and if applicants fail to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against them, in accordance with law, under Section 174-A IPC (Now Section 209 of B.N.S, 2023). (vi) The applicants shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. (Now Section 351 of B.N.S.S., 2023). If in the opinion of the Trial Court absence of the applicants 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 them in accordance with law. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. [Om Prakash Shukla, J.] Order Date :- 21.2.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench