Neutral Citation No. - 2025:AHC-LKO:40902 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6573 of 2025 Applicant :- Mahboob Ali @ Motu @ Mahbood Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned Additional Government Advocate for the State as well as perused the record. The present bail application has been filed by accused- applicant seeking bail in Case Crime No. 157 of 2024 under Section 2/3 U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station Kohandaur, District Pratapgarh. Learned counsel for the applicant submits that in the gang chart, two cases are shown against the applicant, in which she has already been granted bail. Copies of the bail orders in respect of the said cases have been collectively annexed as Annexure-3 to the bail application. It is further submitted that, apart from the aforesaid cases, the applicant has a criminal history involving nineteen other cases, in which he has also been granted bail. Copies of the respective bail orders have been annexed as Annexure-4 to the bail application. It is also submitted that the applicant is ready to furnish an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody 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. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Considering the fact that the applicant is in jail since 01.08.2024; that in the gang chart only two cases are shown against him, in which he has already been granted bail; that in the remaining 19 cases also he has been granted bail; and taking into account the period of incarceration undergone by the applicant, and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail. Accordingly, the application is allowed. Let the applicant Mahboob Ali @ Motu @ Mahbood involved in the aforesaid case crime number 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 also file an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case 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 IPC (now Section 269 BNS). (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. (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 of the IPC (now Section 209 BNS). Order Date :- 17.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench