HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10084 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned Additional Government Advocate for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.261 of 2025 under Sections 2/3 U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Mill Area, district Rae Bareli. Learned counsel for the applicant submits that in the gang chart, two cases have been shown against the applicant. In both the cases, the applicant has already been enlarged on bail, and copies of the bail orders have been filed as Annexures-3 and 4 to the bail application. It is further submitted that apart from the aforesaid cases, the applicant has a criminal history of one more case, in which he has also been granted bail, a copy whereof has been annexed as Annexure-5 to the bail application. Except the aforesaid cases, no other case is pending against the applicant. The applicant is in judicial custody since 17.09.2025. It is also submitted that 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 Versus Counsel for Applicant(s) : Saurabh Srivastava Counsel for Opposite Party(s) : G.A. Gaurav Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration of the fact that in all the cases shown in the gang chart the applicant has already been enlarged on bail, as also in the other case forming part of his criminal history, and there being no other case pending against him, as well as considering that the applicant has been languishing in jail since 17.09.2025, this Court is of the view that it is a fit case for enlarging the applicant on bail. Accordingly the bail application is allowed. Accordingly the bail application is allowed. Let the applicant Gaurav Kumar, 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 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 BAIL No. 10084 of 2025 2 the liberty of bail. (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). (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 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 Madhu D.R/P.S BAIL No. 10084 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench