Neutral Citation No. - 2025:AHC-LKO:23569 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3163 of 2025 Applicant :- Sabhajeet Nishad Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of the State and perused the record. 3. This first bail application has been filed with regard to Case Crime No.0024 of 2025, under Sections 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, registered at P.S.- Bewana, District -Ambedkar Nagar. 4. As per gang chart, the applicant is shown involved in two cases bearing Case Crime Nos.126 of 2024 and 127 of 2024 in which he has already been enlarged on bail by this Court in Criminal Misc Bail Application Nos.11514 of 2024 and 11521 of 2024. 5. It has been submitted that apart from the aforesaid cases, the applicant is alleged to have been involved in five other cases, which have been duly explained in the affidavit filed in support of the bail application and the supplementary affidavit filed today. 6. Learned A.G.A. has opposed bail application with the submission that complete details of Case Crime No.12 of 2015 and 44 of 2022 have not been explained except for stating that applicant is on bail. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it appears that previous criminal history of the applicant, apart from the gang chart, have already been explained. The said cases do not mention in the gang chart. With regard to case crime no.12 of 2015, it is noticed that same is registered under Section 380, 457, 411 IPC while Case Crime No.44 of 2022 is registered under Sections 379, 411 IPC in which the applicant is on bail. 8. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, and subject to further evidence being led in trial, it appears that applicant has already been enlarged on bail in the cases shown in gang chart, therefore conditions indicated in Section 19(4) of U. P. Gangster and Anti-Social Activities (Prevention) Act, 1986 stands complied with at the stage, the applicant is entitled to be released on bail in this case. 9. Accordingly bail application is allowed. 10. Let applicant, Sabhajeet Nishad, involved in the aforesaid 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 with the following conditions which are being imposed in the interest of justice:- (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 :- 24.4.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench