HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9969 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present bail application has been filed seeking bail in case crime No.540 of 2025 under Section 2(kha) 17/3 U.P. Gangsters and Anti- Social Activities (Prevention) Act 1986, Police Station Gola, District Lakhimpur Kheri. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that in the gang chart, only one case has been shown against the applicant, in which he has already been granted bail. A copy of the said bail order has been annexed as Annexure- 3 to the bail application. It is further submitted that apart from the solitary case mentioned in the gang chart, the applicant has a criminal history of six cases, in all of which he has also been granted bail. Copies of the respective bail orders have been collectively annexed as Annexure-4 to the bail application. It has further been submitted that the applicant is in jail since 23.09.2025. The applicant is ready to furnish an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail but has not disputed the Versus Counsel for Applicant(s) : Surya Prakash, Arsh Bugga Counsel for Opposite Party(s) : G.A. Anwar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) factual submissions made by the learned counsel for the accused-applicant. On due consideration of the facts that in the single case mentioned in the gang chart the applicant has already been enlarged on bail as also in the other 4 cases, stated above; the applicant is languishing in jail since 23.09.2025, this Court finds it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant, Anwar, involved in the aforesaid case crime number 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 imposed in the interest of justice: (i) The applicant shall not tamper with the evidence during the trial. (ii) The applicant shall not pressurize or intimidate the prosecution witnesses. (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 them from disclosing such facts to the Court or to any police officer, or otherwise 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 to the trial court to treat it as abuse of the liberty of bail and pass appropriate orders in accordance with law. (v) The applicant shall submit an undertaking on affidavit in terms of Section 19(4) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, that he will not indulge in any criminal activity or misuse the liberty of bail. BAIL No. 9969 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 the Bharatiya Nyaya Sanhita, 2023). (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 if he fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him in accordance with law under Section 174-A IPC (now Section 209 of the Bharatiya Nyaya Sanhita, 2023). 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 28, 2025 Madhu D.R/P.S BAIL No. 9969 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench