HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8427 of 2025 Court No. - 29 HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Shri Anil Singh, learned counsel for the applicant, Shri Shikhar Srivastava, learned A.G.A. for the State and perused the material available on record. 2. The applicant is involved in Case Crime No. 067 of 2025, under Sections 2/3 of the U.P. Gangster & Antisocial Activities (Prevention) Act, 1986, Police Station Manikpur, District Pratapgarh. 3. Learned counsel for applicant has submitted that the applicant is innocent and has falsely been implicated in the aforesaid crime. Further submission is that the applicant is neither a gang leader nor gang member. He submitted that only one case bearing Case Crime No. 30 of 2024, under Sections 8/20 of the N.D.P.S. Act, Police Station Manikpur, District Pratapgarh, has been shown in the gang chart against the applicant, in which he is on bail. He further submitted that although one case is shown in the gang chart, but the applicant has also been implicated in two cases also i.e., Case Crime No. 226 of 2022, under Sections 452, 323, 504 and 506 IPC, Police Station Manikpur, District Pratapgarh and Case Crime No. 0212 of 2023, under Sections 323 and 506 IPC, Police Station Manikpur, District Pratapgarh and in both the cases, he is on bail. Learned Counsel for the applicant has submitted that applicant is languishing in jail in this matter since 08.04.2025 and there is no apprehension that, if the facility of bail is granted to the applicant, he may flee from the course of law or he will not appear before the Court below, as also the evidence/material available on record is not strong enough to raise a presumption that the applicant is guilty of the offences mentioned in the gang chart. 4. Further submission is that co-accused persons namely Brijesh Kumar Dwivedi and Rajesh Mishra, whose names have also been shown in the gang chart, have already been granted bail by this Court vide orders dated 2.5.2025 and 29.5.2025 passed in Criminal Misc. Bail Application No. 3742 of 2025 and 4807 of 2025. Therefore, the present applicant is also entitled to get bail on the ground of parity. He also stated that Versus Counsel for Applicant(s) : Anil Singh, Aayush Dwivedi Counsel for Opposite Party(s) : G.A. Manoj Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. U.P. .....Opposite Party(s) considering the facts of the case, as stated above, there are reasonable grounds for believing that the applicant is not guilty of the offence under the Gangsters Act and that he would not commit the offence while on bail. He also submitted that the applicant while on bail would not commit any crime/offence nor would try to tamper the evidence or influence the witnesses in any manner whatsoever it may be. 5. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial. 6. Learned A.G.A. has opposed the prayer for grant of bail, but has fairly conceded that in the cases mentioned in the gang chart, the applicant is on bail. 7. Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances as also after taking note of Section 19(4)(b) of the Gangsters Act in light of the facts of the case and submission of counsel for the applicant to the effect that while on bail in this case, the applicant would not commit any crime/offence nor would try to tamper the evidence or influence the witnesses in any manner whatsoever it may be and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. 8. Bail Application is allowed. 9. 8. Bail Application is allowed. 9. Let applicant (Manoj Yadav) be enlarged on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:- (a) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (b) 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. He 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 269 of B.N.S. (c) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 B.N.S.S.; and (d) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 207 of B.N.S. BAIL No. 8427 of 2025 2 10. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. 11. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. September 4, 2025 Virendra BAIL No. 8427 of 2025 3 (Syed Qamar Hasan Rizvi,J.) Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench