Neutral Citation No. - 2025:AHC-LKO:34235 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4694 of 2025 Applicant :- Awesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. Counsel for Applicant :- Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. Supplementary affidavit filed by learned counsel for the applicant is taken on record. Learned counsel for the accused-applicant, while pressing the bail application, submits that the accused-applicant has been falsely implicated in the present case as well as in the sole case mentioned in the gang chart. In that case, he has already been granted bail, and the bail order is available on record as Annexure No. 3 to the bail application. It is further submitted that besides the solitary case mentioned in the gang chart, one more case is pending against the accused- applicant, in which he has also been granted bail. The bail order is annexed as Annexure No. SA-1 to the Supplementary Affidavit. It is also submitted that the co-accused, Mohd. Aslam @ Puttan, has been granted bail vide order dated 20.05.2025 passed in Criminal Misc. Bail Application No. 4311 of 2025, and the applicant seeks parity with the said order. It has been further submitted that applicant is in jail since 18.04.2025. and if facility of bail is granted, there is no apprehension that he will 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. Learned A.G.A. has opposed the prayer for bail, however, has not disputed the factual submissions advanced by the learned counsel for the applicant. On due consideration to the fact that the applicant has been granted bail in the sole case mentioned in the gang chart; he has also been enlarged on bail in the other pending case; the co- accused, Mohd. Aslam @ Puttan, has been granted bail vide order dated 20.05.2025; and the applicant is in custody since 18.04.2025; and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. Let the applicant, Awesh, involved in Case Crime No. 23 of 2025, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, P.S.- Maharajganj Tarai, District Balrampur 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 will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) 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. (v) The applicant shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail. (vi) 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. (vii) 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. Order Date :- 2.6.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench