HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10945 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard Ms. Aahuti Agarwal, who has put in appearance on behalf of the applicant through High Court Legal Services Committee learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No. 652 of 2024, under Sections 2 and 3 of U.P. Gangster and Anti Social Activity Act, Police Station Tadiyawan, District Hardoi. Learned counsel for the applicant submits that in the gang chart, one case has been shown against the applicant, and in which he has already been enlarged on bail by the Sessions Court. Copy of the same is on record as Annexure No.4 to the bail application. Apart from the above case, there is no other criminal history against the applicant. It is also submitted that the applicant is in custody since 15.1.2025, and in case he is granted the facility of bail, there is no apprehension of his fleeing from the course of justice. He undertakes to abide by all conditions that may be imposed by the Court below and to cooperate in the expeditious conclusion of the trial. Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant. Versus Counsel for Applicant(s) : Aahuti Agarwal Counsel for Opposite Party(s) : G.A. Dayaram Paasi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Affairs Lko. .....Opposite Party(s) On due consideration to the fact that in the case mentioned in the gang chart the applicant has been enlarged on bail and except the case shown in the gang chart there is no other criminal history of the applicant; the applicant is languishing in jail since 15.1.2025; I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. At this stage, learned counsel for the applicant submits that the prolonged incarceration of the applicant is primarily due to his impoverished condition, and that the applicant was able to approach the Legal Services Authority for legal aid only after having remained in custody for over a year. In support of his submission, learned counsel has relied upon the judgment of the Hon'ble Supreme Court in In Re: Policy Strategy for Grant of Bail, SMWP (Criminal) No. 4/2021, wherein it was held that in cases where undertrial prisoners or convicts are unable to furnish bail bonds or sureties immediately, the Court may, in appropriate circumstances, consider granting temporary bail for a specified period to enable them to do so. Learned counsel, therefore, prays that the applicant may be released on a personal bond and be granted time to arrange sureties, considering his poor financial condition. Considering that the matter has been filed through counsel appointed by the High Court Legal Services Committee, and taking into account the peculiar financial condition of the applicant, it is directed that the applicant Dayaram Paasi shall be released on bail in the aforesaid Case Crime Number, subject to his furnishing a personal bond of Rs. 2,000/- (Rupees Two Thousand only) and one reliable surety to the satisfaction of the trial court concerned, with the following conditions: i. The applicant shall not tamper with the evidence during the trial. ii. The applicant shall not pressurize or intimidate any prosecution witness. iii. The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the BAIL No. 10945 of 2025 2 facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer, or otherwise tamper with the evidence. iv. The applicant shall file an undertaking that he shall not seek any unnecessary adjournments on dates fixed for evidence when witnesses are present in Court. In case of default, it shall be open to the trial court to treat this as an abuse of the liberty of bail and proceed in accordance with law. v. The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. In case of his absence without sufficient cause, the trial court may proceed under Section 229-A IPC (now Section 269 BNS). vi. In case the applicant misuses the liberty of bail and fails to appear after proclamation issued under Section 82 Cr.P.C. (now Section 84 BNSS), the trial court shall proceed against him under Section 174-A IPC (now Section 209 BNS) in accordance with law. November 11, 2025 Madhu D.R/P.S BAIL No. 10945 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench