HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10184 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the accused-applicant and learned A.G.A. for the State as well as perused the record. Learned counsel for the applicant submits that in the gang chart, only one case has been shown against the applicant, and in the said case, the applicant has already been enlarged on bail. The bail order has been brought on record as Annexure-3 to the bail application. It is further submitted that apart from the single case shown in the gang chart, the applicant has a criminal history of one more case, in which also he has been granted bail, and a copy of the bail order has been filed along with the supplementary affidavit. Except the aforesaid, the applicant has no other criminal history. It has been further submitted that applicant is in jail since 11.9.2025 and if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co-operate in speedy trial of the case. 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) : Shaista Parveen Counsel for Opposite Party(s) : G.A. Muslim .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) On due consideration of the facts and circumstances of the case, it is observed that in the solitary case mentioned in the gang chart, the applicant has already been enlarged on bail; apart from the said case, there is one more case pending against the applicant, in which also he has been granted bail; the applicant has been languishing in jail since 11.09.2025, and without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a fit case for being enlarged on bail. Accordingly, the bail application is allowed. Let the applicant, Muslim involved in Case Crime No.0252 of 2017 under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Dhaurahara, District 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 submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or BAIL No. 10184 of 2025 2 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 229-A of the Indian Penal Code (Now Section 269 of BNS). (vii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) 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 174-A IPC (now Section 209 of BNS). 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 6, 2025 Madhu D.R/P.S BAIL No. 10184 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench