Neutral Citation No. - 2025:AHC:75756 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6356 of 2025 Applicant :- Guddu Opposite Party :- State of U.P. Counsel for Applicant :- Mukti Nath Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed by the learned counsel for the applicant is taken on record. Heard Shri Mukti Nath Dwivedi, learned counsel for the applicant and shri S.K.Rai, learned A.G.A. Ist, representing the State respondents. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Guddu, seeking enlargement on bail in Case Crime No. 140 of 2004, under Section 2/3 of Gangster Act, Police station-Gajraula, District Pilibhit. It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. In gang-chart, four criminal cases has been mentioned in all of which the applicant is on bail. Criminal history of six cases has been explained in the supplementary affidavit filed today. He further submits that in the aforesaid case the applicant was granted bail by a coordinate Bench of this Court on 06.07.2005 and after being released on bail the applicant went outside the city for earning livelihood and due to which he was unable to attend the concerned Court. Non bailable warrant against the applicant was issued on 11.02.2014 thereafter proceedings of 82 and 83 Cr.P.C. has been initiated against the applicant on 26.09.2015 and 23.10.2015, respectively. The applicant surrendered before the trial Court on 22.11.2024 from where he was sent to jail. It is further submitted that the applicant is not a member or leader or organizer of a gang and he has not abetted or assisted in the activities of a gang as enumerated in clause (b) of Section 2 of the Act. Applicant has no criminal history except the aforesaid case. It is next submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The applicant, who is languishing in jail since 22.11.2024, undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but has not pointed out any other case against the applicant except the cases shown by learned counsel for the applicant. Upon considering the totality of facts, nature and the evidence reflected from record and also taking into consideration the provision of Section 19(4) of the Act and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed. Let applicant, Guddu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable heavy sureties of the like amount to the satisfaction of the court concerned with the following conditions- (i) 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. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) 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. (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 the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. Order Date :- 9.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad