Neutral Citation No. - 2025:AHC-LKO:35935 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5295 of 2025 Applicant :- Akash Alias Shubham Rastogi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anand Kanaujia,Adam Sultan Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Supplementary affidavit filed today by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 3. The present bail application has been filed on behalf of the applicant in Case Crime No. 403 of 2018, under Sections 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Ashiyana, District Lucknow, with the prayer to enlarge him on bail. 4. Submission of learned counsel for the applicant is that the applicant is innocent and he has falsely been implicated in present case. It is further submitted on behalf of applicant that in the gang chart seven cases are shown against the applicant and in six cases, the applicant is already on bail. He further submitted that, merely on the basis of suspected stolen property, one case under Section 41/411 IPC, was registered but the article has not been connected with any crime and the applicant is in jail since 16.05.2025 and the chargesheet has been filed. There is no possibility of tampering of any evidence, therefore, the applicant may be enlarged on bail. 5. Learned AGA has vehemently opposed the prayer of the applicant but he does not dispute the fact that the applicant is on bail in the cases shown in the gang chart and he is also unable to reply that how another case for the offence under Section 41/411 IPC is shown in the gang chart. 6. Considering the submissions of learned counsel for parties and going through the record as also in view of the statement made by the learned counsel appearing on behalf of the applicant that the applicant will not involve in any activity, which is against the law, the twin conditions contained under Section 19 (4) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act stand satisfied. 7. In view of above, I am of the view that the applicant is entitled to be released on bail. 8. Let applicant, namely, Akash Alias Shubham Rastogi be released on bail in Case Crime No. 403 of 2018, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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 office or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 I.P.C./269 B.N.S. (v) 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./84 B.N.S.S. may be issued and if 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 I.P.C./209 B.N.S. (vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. 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. 9. 9. Any violation of above conditions will be treated misuse of bail and the court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. 10. With above directions, the bail application is allowed. Order Date :- 19.6.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench