Neutral Citation No. - 2025:AHC-LKO:501 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13262 of 2024 Applicant :- Saleem @ Majhilku @ Badke Opposite Party :- State Of U.P. Thru. Addl.Chief Secy. Home Lko Counsel for Applicant :- Bal Keshwar Srivastava,Amit Chopra,Kamlesh Kumar Rai,Mohammad Suhel Siddiqui,Seema Bhatnagar Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J. 1. Learned AGA informs that he has procured complete instructions in the matter including up to date case diary an the charge sheet in this case has already been submitted. 2. Heard learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record. 3. This bail application has been moved by the accused/applicant- Saleem @ Majhilku @ Badke for grant of bail, in case Crime No. 221/2023, under Section 2/3 of Uttar Pradesh Gangsters & Anti- Social Activities (Prevention) Act, 1986, Police Station Sandila, District Haroi, during trial. 4. Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case as well as in the single case mentioned in the gang chart, on the basis of which the provision of Gangsters Act has been slapped against the applicant, however, in that case the applicant has been granted bail by a Coordinate Bench of this Court, vide order dated 12.12.2024 passed in Criminal Misc. Bail Application No.9458 of 2024. 5. It is further submitted that the material which has been relied by the informant for the purpose of lodging the FIR not sufficient enough to raise any presumption that the applicant is either guilty of the offences mentioned in the gang chart or may commit the same offences again as described in the gang chart. 6. It is further submitted that apart from one case mentioned in the gang chart the applicant is not having any other criminal antecedent. He is in jail in this case since 7.4.2024 and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty. 7. Learned A.G.A. on the other hand opposes the prayer of bail of the applicant. 8. Considering the fact that provision of Gangsters Act has been slapped against the applicant on the basis of single case mentioned in the gang chart and in that case he has been granted the facility of bail by a Coordinate Bench of this Court, which has not been cancelled or modified by the same Court or any other superior Court and also considering the period of detention already undergone, in my considered opinion a case of bail is emerging in favour of the applicant. 9. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed. 10. Let applicant- Saleem @ Majhilku @ Badke involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 13. Observations made herein-above are only for the purpose of disposal of bail application and the same shall not have any bearing on the trial of the case. Order Date :- 3.1.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench