Neutral Citation No. - 2025:AHC:21572 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3840 of 2025 Applicant :- Subham Opposite Party :- State of U.P. Counsel for Applicant :- Sarvesh Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of the the bail application the applicant has prayed to be enlarged on bail in Session Trial No. 1040 of 2022 arising out of Case Crime No. 152 of 2021 at Police Station- Nawabganj, District- Kanpur Nagar under Section 3 (1) of UP Gangster and Anti Social Activities (Prevention) Act. The bail application of the applicant was rejected by trial court on 16.01.2025. The applicant was granted interim bail by this Court on 09.01.2025 in Criminal Appeal No. 12465 of 2024. The following arguments made by Sri Sarvesh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Sri Suchit Tandon, learned AGA from the record, entitle the applicant for grant of bail: 1. The applicant has been falsely implicated in this case only to burnish the credentials of the police investigators. 2. The applicant has been enlarged on bail in the solitary criminal case depicted in the gang chart. 3. He is not a member of any criminal gang. 4. Learned AGA contends that the applicant has criminal history of one more case under the Arms Act apart from the instant case. Rejoining this issue, learned counsel for the applicant contends that the applicant is a poor person and is in jail. He does not have an effective pairokar. Hence details of the status of the said criminal cases could not be obtained and stated in the first instance in the bail application. However, on the basis of records available with the learned AGA and the upon instructions from the applicant, learned counsel for the applicant submits that the applicant is a convenient scapegoat for the police authorities. He was falsely framed in the said case. The said case does not depict commission of any heinous offence or a persisting criminal trait and have no bearing on the instant bail application. 5. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Subham be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 14.2.2025 Pravin Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad