Court No. - 4 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5044 of 2025 Applicant :- Surendra Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Mohsin Iqbal,Syed Shabih Haider Counsel for Opposite Party :- G.A. Hon'ble Jaspreet Singh,J. Heard learned counsel for the applicant and learned AGA for the State-respondent. By means of the instant bail application, the applicant seeks bail in respect of FIR/Case Crime No.0027/2025, under Section 3(1) U.P. Gangster Act, 1986, Police Station Nawabganj, District Gonda. The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in this case and he is in jail since 13.05.2025. It is urged that as per the Gang-chart, a copy of which has been brought on record as Annexure No.2, one case has been shown against the applicant. It is also submitted that in the aforesaid case, the applicant has been enlarged on bail by a Coordinate Bench of this Court by means of its order dated 25.10.2024, a copy of which has also been brought on record as Annexure No.3. It is also pointed out that the applicant is not involved in any anti-social activities and he is neither a Member nor the Leader of any gang, however, the police has falsely been implicated the applicant on the basis of previous single case. It is also submitted that the co-accused, namely, Jitendra, Anant Ram, Shrawan and Sandeep has already been enlarged on bail by a Coordinate Bench of this Court by means of order dated 11.03.2025 and a copy of thereof has been brought on record as Annexure No.5. Learned counsel for the applicant also submitted that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of bail and he would also cooperate in the trial. Learned A.G.A., has opposed the prayer for bail, however, could not dispute the aforesaid facts, but he has fairely conceded that in the case mentioned in the gang-chart, the applicant is on bail. Considering the rival submissions, the facts and circumstances of the case and the material available on record as well as considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. Let the applicant Surendra Yadav involved in the aforesaid FIR/Case Crime Number be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned. At the time of executing required sureties the following conditions shall be 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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 3.6.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench