Neutral Citation No. - 2025:AHC-LKO:43756 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6955 of 2025 Applicant :- Vinay Balmiki Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko Counsel for Applicant :- Arvind Kumar Verma 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. 1 of 2023 under Section 2(b) (i)/3 U.P. Gangester's Act, Police Station Kotwali Sadar, District Lakhimpur Kheri. Learned counsel for the applicant submits that in the gang chart, only a solitary case is shown against the applicant, in which he has already been granted bail. A copy of the said bail order has been annexed as Annexure-3 to the bail application. It is further submitted that apart from the aforementioned case, the applicant has a criminal history of two more cases, which have been duly explained in paragraph 13 of the bail application. The applicant is languishing in jail since 01.01.2023. 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 facts that the applicant is in jail since 1.1.2023, in the gang chart only one case is shown against him in which he has already been granted bail, he has explained the criminal history of two more case in paragraph 13 to the bail application, the period of incarceration gone into by the applicant, and without expressing any opinion on the merits of the case, I am of the view that it is a fit case for granting bail to the applicant. Accordingly, the application is allowed. Let the applicant Vinay Balmiki 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 Indian Penal Code (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 them, in accordance with law, under Section 174-A of the Indian Penal Code (now Section 209 BNS). Order Date :- 29.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench