HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12513 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and Shri Akhil Bajpai, learned Advocate who has filed vakalatnama on behalf of the complainant which is taken on record. Learned counsel for the accused-applicant, while pressing the bail application, submits that the accused-applicant has been falsely implicated in the present case as well as in the three cases reflected in the gang chart. It is contended that in all the cases mentioned in the gang chart, the accused- applicant has already been granted bail, and the relevant bail orders have been annexed as Annexure Nos. 3 to 5 to the bail application. It is further submitted that apart from the cases shown in the gang chart, there are four other cases pending against the accused-applicant, the details and explanation of which have been duly disclosed in the bail application as well as in the supplementary affidavit. It is further urged that the applicant has been in judicial custody since 14.03.2022 and that the minimum prescribed punishment under the U.P. Gangsters Act is two years. It is submitted that in the event bail is granted, there is no likelihood of the applicant absconding or misusing the liberty of bail, and he undertakes to abide by all conditions imposed by the Court and to cooperate in the expeditious conclusion of the trial. Learned A.G.A. and learned counsel for the complainant have opposed the prayer. Versus Counsel for Applicant(s) : Narendra Gupta Counsel for Opposite Party(s) : G.A., Akhil Bajpai Pappu .....Applicant(s) State Of U.P. Thru. Secy. Home Civil Sectt. Lko. .....Opposite Party(s) The status report dated 17.12.2025, as produced by the learned A.G.A., is taken on record. A perusal of the status report shows that in Crime No. 126 of 2022, registered under Sections 2/3 of the U.P. Gangsters Act, the case is presently at the stage of evidence. Out of a total of ten prosecution witnesses, only two have been examined so far. Having considered the fact that the applicant has already been enlarged on bail in the cases mentioned in the gang chart; he has satisfactorily explained his criminal antecedents in respect of the four other cases; in Crime No. 126 of 2022, the trial is progressing at a slow pace with only two out of ten witnesses examined; the applicant has remained in custody since 14.03.2022; and in light of the law laid down by the Hon’ble Supreme Court in Javed Gulam Nabi Shaikh v. State of Maharashtra, 2024 SCC OnLine SC 1693, this Court is of the considered opinion that the applicant has made out a case for grant of bail. Accordingly, the bail application is allowed. Let the applicant Pappu, involved in Crime No.- 126 of 2022, U/S-2/3 of U.P. Gangster Act, Police Station- Hargaon, District- Sitapur, be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. (iv) 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 misuse the liberty of bail. Any other condition(s) which the trial court/concerned court may deem fit BAIL No. 12513 of 2025 2 and proper, in the circumstances of the case, may also be imposed. 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. December 18, 2025 R.C. BAIL No. 12513 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench