Neutral Citation No. - 2025:AHC-LKO:34278 Court No. - 4 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5063 of 2025 Applicant :- Vijay Pal 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. The instant application has been moved seeking bail in respect of Case Crime No.27 of 2025, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Nawabganj, District Gonda during trial. The submission of the learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the case. It is urged that as per the Gang-chart, a copy of which has been brought on record as Annexure No.2, two cases has been shown against the applicant. It is submitted that in both cases mentioned in the gang chart, the applicant is on bail. It is also submitted that the applicant has been enlarged on bail by a Coordinate Bench of this Court by means of its order dated 04.12.2024, 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, however, the police has falsely been implicated the applicant. 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. It is also urged that the applicant has been languishing in jail since 13.05.2025. There is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts. Considering the rival submissions as well as the facts and circumstances of the case and the material available on record also 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. Accordingly, the instant bail application is allowed. Let applicant-Vijay Pal Yadav 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 269 of Bharatiya Nayay Sanhita, 2023 (BNS). (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of Bharatiya Nayay Sanhita, 2023 (BNS) 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 209 of Bharatiya Nayay Sanhita, 2023 (BNS). (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 Bharatiya Nayay Sanhita, 2023 (BNS). 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 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench