Neutral Citation No. - 2025:AHC-LKO:24061 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3536 of 2025 Applicant :- Nandlal Opposite Party :- State Of U.P. Thru. Its Addl. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Vinay Kumar Verma,Neetesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. Heard, Shri Vinay Kumar Verma, learned counsel for the accused-applicant as well as learned Additional Government Advocate for the State. This is first bail application of the accused-applicant Nandlal, involved in Case Crime No.150 of 2025, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Satrikh, District-Barabanki. Learned counsel for the applicant submitted that the Gangsters Act has been imposed on the basis of two criminal cases shown against the applicant in the Gang Chart of the same Police Station-Satrikh, District-Barabanki vide Case Crime No.203 of 2024, under Section 379, 411, 413 IPC, Police Station-Satrikh, District-Barabanki and Case Crime No.204 of 2024, under Section Section 411, 413 IPC, Police Station-Satrikh, District- Barabanki in which the applicant has been enlarged on bail by the court of Additional District and Sessions Judge, Court No.8, Barabanki in bail Application No.1743 of 2024 and Bail Application No.1744 of 2024 respectively by means of order dated 04.06.2024, the bail orders are annexed as annexure no.3 and Annexure no.4 to the bail application. He further submitted that there is no other criminal history of the applicant. It has been further submitted that the applicant is in jail since 28.03.2025 and if facility of bail is granted, he will not flee from the judicial process and he will abide by the orders passed by the Court below and will co-operate in speedy trial of the case. He also submitted that in case facility of bail is granted to the applicant, he will not misuse it and live as a law abiding citizen. Learned A.G.A. has opposed the prayer for bail but could not contradict the aforesaid facts on the basis of instructions/records. Having considered the submissions of learned counsel for the parties, I have perused the records. Looking to the quantum of the punishment, nature of the offence and the period of detention in jail and also the fact that the applicant has been enlarged on bail in both the cases shown in the gang chart, the applicant is entitled for the bail. Thus, the present application is allowed. Let the accused-applicant Nandlal involved in Case Crime No.150 of 2025, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Satrikh, District-Barabanki, 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 269 of the Bhartiya Nyaya Sanhita, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of Bhartiya Nagrik Suraksha Sanhita, 2023 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. (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 351 of Bhartiya Nagrik Suraksha Sanhita, 2023. (v) 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. ....................................... ......... (Rajnish Kumar,J.) Order Date :- 28.4.2025/Banswar Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench