Neutral Citation No. - 2025:AHC-LKO:44483 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7107 of 2025 Applicant :- Sohel Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Crime And Investigation Deptt. Lko. Counsel for Applicant :- Sheo Prakash Singh,Pradeep Rai Counsel for Opposite Party :- G.A., Mohd. Taufiq Siddiqui Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, learned counsel for the complainant Mr. Mohd. Taufiq Siddiqui who has filed vakalatnama today in court, which is taken on record, learned Additional Government Advocate for the State and perused the record. 2.Learned counsel for the applicant submits that in the gang chart, one case has been shown against the applicant. In that solitary case, the applicant has been enlarged on bail. The bail order is on record. While granting bail, the court has noticed that the applicant was assigned general role of firing to the deceased whereas specific role has been assigned to the co- accused Sharukh. Apart from the said case, there is no other case pending against the applicant. The applicant is in jail since 11.11.2024. 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. 3.Learned A.G.A. and complainant's counsel opposed the prayer for bail. It is submitted that although there is one case shown in the gang chart, however, it is a heinous offence. The application is liable to be rejected. 4.Considering the facts and circumstances of the case, and also considering the nature of allegations, the applicant has been enlarged on bail in the case shown in the gang chart, specific role of firing has been assigned to the co-accused Sharukh and not to the applicant, the applicant has been assigned general role of firing as per observation made in the bail order and further, in case crime No.0204 of 2024, P.W. 1 has been examined and the examination of P.W.2 is going on as informed by applicant's counsel, as regards the present case, although the first information report was lodged on 9.10.2024, trial has not yet commenced, arguments advanced by learned counsel for the parties, for the period for which he is in jail, judgment in Javed Gulam Nabi Shaikh versus State of Maharashtra and another Crl. Appeal No.2787 of 2024, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 5.Let the applicant Sohel, involved in Case Crime No.376 of 2024, under Sections 2/3 U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S.Leelapur, district Pratapgarh, 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. (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. 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 Indian Penal Code. 6.The bail application is allowed accordingly. Order Date :- 31.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench