HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9131 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 perused the record. This is second bail application. The first bail application of the applicant was dismissed as withdrawn vide order dated 22.04.2025 passed in CRIMINAL MISC. BAIL APPLICATION No. - 3400 of 2025. 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 sole case mentioned in the gang chart. It is further submitted that in the said case, which rests on circumstantial evidence, the accused-applicant has already been granted bail, and a copy of the bail order has been filed as Annexure No. 2 to the bail application. Besides the sole case referred to in the gang chart, there are a few other cases pending against the accused-applicant, in which also he has been enlarged on bail. Copies of the respective bail orders have been placed on record as Annexures No. 3 and 4 to the bail application. Learned counsel for the applicant submits that the co-accused Dharmendra Kumar has been enlarged on bail by this Court vide order dated 18.06.2025 passed in criminal misc. bail application No. 5440 of 2025. Learned counsel for the applicant seeks parity with the order of the co-accused. Versus Counsel for Applicant(s) : Abhishek Mishra, Arun Kumar Mishra, Puttu Lal Misra Counsel for Opposite Party(s) : G.A. Durgesh Shukla .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. .....Opposite Party(s) It has been further submitted that applicant is in jail since 28.11.2024 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. On due consideration to the bail order of co-accused Dharmendra Kumar, and the fact that in the sole case mentioned in the gang chart as well as in two other cases, the applicant has already been granted bail; apart from these three cases, no other case is pending against him; and that he is languishing in jail since 28.11.2024, this Court finds it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant, Durgesh Shukla involved in CASE CRIME NO. 333/24, U/S-2, 3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P/S- Kotwali Dehat, District- Pratapgarh, 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 misuse the liberty of bail. BAIL No. 9131 of 2025 2 (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). (vi) 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. October 16, 2025 R.C. BAIL No. 9131 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench