Neutral Citation No. - 2025:AHC-LKO:39363 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5899 of 2025 Applicant :- Vidhayak Alias Kunne Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Arvind Kumar Tiwari 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. A 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 not only in the present case but also in the three cases mentioned in the gang chart. It is submitted that the accused-applicant has already been granted bail in all three cases referred to in the gang chart. Copies of the bail orders are on record as Annexures No. 3 to 5 to the bail application. In addition to the cases mentioned in the gang chart, there are 28 other criminal cases pending against the applicant, which have been explained in paragraphs 2 to 25 of the supplementary affidavit. It is further submitted that co-accused persons, namely Nanku @ Lala @ Ram Kumar, Naresh @ Ramnaresh Sonkar, Nanke, and Sonu, have already been granted bail by this Court as well as by a coordinate Bench, vide orders dated 17.06.2025, 02.07.2025, 16.06.2025, and 04.07.2025 passed in Criminal Misc. Bail Application Nos. 5424 of 2025, 5934 of 2025, 5378 of 2025, and 5979 of 2025, respectively. It is also submitted that the applicant is in custody since 02.06.2025 and if released on bail, there is no likelihood of him evading the judicial process. He undertakes to abide by all conditions imposed by the Court and to cooperate in the expeditious trial of the case. Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant. On due consideration to the fact that the applicant has been granted bail in the three cases mentioned in the gang chart; the criminal history comprising 28 cases has been explained in detail; the co-accused have already been granted bail; and the applicant is in custody since 02.06.2025, and without expressing any opinion on the merits of the case, this Court finds it to be a fit case for granting bail. Accordingly, the bail application is allowed. Let the applicant, Vidhayak Alias Kunne, involved in Case Crime No. 23/2025, under Sections 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station - 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 (Now Section 269 of BNS). (vi) 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. (now Section 84 BNSS) 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 IPC (now Section 209 of BNS). Order Date :- 10.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench