HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10951 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record. 2. Learned counsel for the applicant submits that only one case is shown against the applicant in the gang chart and in that case, the applicant has been enlarged on bail, the bail order is annexed as Annexure no. 3 to the bail application. Apart from the said case in the gang chart, the applicant has criminal history of 8 cases, which has been explained in paragraph-8 of the bail application and he is languishing in jail since 30.08.2025. 3. It is further 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. 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. 4. Learned A.G.A. opposed the prayer for bail and has submitted that the applicant has previous criminal history under U.P Gangsters & Antisocial Activities (Prevention) Act as well as under N.D.P.S Act and a case under Section 307 I.P.C also, thus, the bail application is liable to be rejected. 5. Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is submitted by learned counsel for the applicant that the present gang chart cannot be said to be approved as per Rule 5(3)(a) of the U.P Gangsters & Antisocial Activities (Prevention) Act as the same is in violation of Rule 5(3)(a), in as much as, there is no joint meeting of the District Magistrate/Senior Superintendent of Police/Superintendent of Police, as required under the aforesaid rule. 6. Learned A.G.A could not dispute the aforesaid fact as argued by learned Versus Counsel for Applicant(s) : Kaushal Kishore Tewari, Shakti Counsel for Opposite Party(s) : G.A. Gama @ Sofiyan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) counsel for the applicant. 7. Considered the facts and circumstances of the case, and also considered the nature of allegations, arguments advanced by learned counsel for the parties. Perusal of the gang chart shows that the District Magistrate appears to have approved the gang chart on 28.08.2025, but the signatures of the Superintendent of Police are undated and the Additional Superintendent of Police, District Lakhimpur Kheri appears to have recommended the gang chart on 20.08.2025, thus contention of the learned counsel for the applicant appears to be correct. There is complete violation of Rule 5(3)(a) of the U.P Gangsters & Antisocial Activities (Prevention) Act, thus, in view of the above and considering the fact that the applicant is languishing in jail since 30.08.2025, the fact that in the single case shown in the gang chart, the applicant has been granted bail and apart from the said case in the gang chart, the applicant has criminal history of 8 cases, which has been explained in paragraph-8 of the bail application 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. 8. The bail application is allowed accordingly. 9. Let the applicant Gama @ Sofiyan, involved in Case Crime/FIR No. 334 of 2025, Under Sections- 2(b)(i)/3 of U.P Gangsters & Anti Social Activities (Prevention) Act, Police Station- Phardhan, District- Lakhimpur Kheri, 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 BAIL No. 10951 of 2025 2 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 269 B.N.S. (vii) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 B.N.S. 10. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 13, 2025 DiVYa BAIL No. 10951 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench