Neutral Citation No. - 2025:AHC-LKO:11263 Court No. - 30 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1667 of 2025 Applicant :- Shashank Dubey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ravi Shankar Mishra Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J. 1. Heard Shri Ravi Shankar Mishra, learned counsel for the applicant, 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.393 of 2024, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station-Kotwali Dehat, District-Pratapgarh, with a prayer to enlarge him on bail. 3. The submission of learned counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in the present case and he is in jail since 07.10.2024. It is further submitted on behalf of applicant that one case has been shown in the gang chart and in the said case applicant has been enlarged on bail by the coordinate Bench of this Court vide order dated 09.01.2025 passed in Criminal Misc. Bail Application No.177 of 2025. In these circumstances, the applicant is entitled for bail in the present case. In case of being enlarged on bail, he 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, applicant has been enlarged on bail by 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 he has 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, applicant is entitled to be released on bail. 6. Let the applicant-Shashank Dubey who is involved in aforementioned 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 subject to following conditions. (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that he 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 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 IPC (Now Section 269 of B.N.S, 2023). (v) 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. (Now Section 84 of B.N.S.S., 2023), may be issued and if 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 IPC (Now Section 209 of B.N.S, 2023). (vi) The applicant 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 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. 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