HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8137 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Amit Kumar, learned counsel for the applicant, Shri Satendra Srivastava, learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.269 of 2023, under Sections 2(b)(i)/3 of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station- Maigalganj, District- Lakhimpur Kheri. 3. The gang chart mentions involvement of the applicant in three case, in two which he stands convicted on the basis of his confession and in one case, he has been granted bail. Both the conviction orders passed on the basis of confession state that the applicant is languishing in jail for the past two years, he is a very poor person and nobody is there to look after his case. 4. The applicant's involvement in another criminal case has been disclosed by filing a supplementary affidavit, in which he has been granted bail. 5. Co-accused Rakesh has been granted bail by means of an order dated 08.08.2023 passed by a co-ordinate Bench of this Court in Bail Application No.9960 of 2023. 6. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. It has also been stated in the affidavit filed in support of the bail application that the applicant is neither a leader nor Versus Counsel for Applicant(s) : Amit Kumar Counsel for Opposite Party(s) : G.A. Izhar Khan .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. .....Opposite Party(s) member of any gang. 7. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 8. Prima facie it appears that the applicant has been implicated in the present case merely because he has a criminal history and the applicant is languishing in jail since 14.02.2023. There appears to be no reasonable ground for prima facie believing that the applicant is guilty of the offence alleged. 9. The minimum punishment which can be imposed in case of the applicant's conviction is imprisonment for two years. 10. There is nothing on record which may give rise to a reasonable apprehension that the applicant may tamper with the evidence or influence the witnesses or that the applicant will abscond and will not face the trial or that he is likely to commit any other offence in case he is released on bail. 11. In view of the aforesaid discussion, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. 12. Accordingly, the bail application is allowed. 13. Let the applicant- Izhar Khan be released on bail in the case registered under Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 on his furnishing a personal bond and two reliable sureties, each of the like amount, to the satisfaction of the Magistrate/Court concerned subject to following conditions:— (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. August 29, 2025 -Amit K- BAIL No. 8137 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench