Neutral Citation No. - 2025:AHC:93986 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7204 of 2025 Applicant :- Mustkeem Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Chauhan Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1.Supplementary affidavit filed by the applicant is taken on record. 2. Heard learned counsel for the applicant and Sri Rajeev Kumar Singh, learned A.G.A. for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 67 of 2024 under Sections 2/3 U.P. Gangsters and Anti-social Activities (Prevention) Act, Police Station- Barssana, District- Mathura, during pendency of the trial in the court below. 4. On the basis of single case shown in the gang chart, applicant was made accused in the present matter. The applicant has been released on bail in the case mentioned in the gangchart, bail order has been filed as annexure-3 to affidavit accompanying the bail application. 5. Learned counsel for the applicant submitted that applicant is neither member nor leader of any gang and he never indulged in any anti-social activity. He further submitted that co-accused Khursheed, Fajaru, Nannu alias Nandu, Sahun and Vakka @ Vakil have been granted bail by co-ordinate Benches of this Court vide orders dated 17.05.2024, 25.04.2024, 27.09.2024, 23.05.2024 and 05.08.2024 passed in Criminal Misc.Bail Application No.18272 of 2024, 14687 of 2024, 16940 of 2024, 16973 of 2024, 26528 of 2024 respectively. 6. He further submitted that however, apart from the present case and cases shown in the gang chart, applicant is having criminal history of 7 other cases and his criminal history has been explained in the supplementary affidavit dated 09.05.2025 and from its perusal, it reflects that out of 7 cases, number of cases were of Cow Slaughter Act and no injury case and this fact shows that police is falsely implicating the applicant in false criminal cases and in all the cases including cases shown in the gang chart, applicant is on bail. 7. He further submitted that applicant is in jail in the present matter since 23.08.2024. 8. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. From the record, it reflects that on the basis of four cases shown in the gang chart applicant was made accused in the present matter. However, apart from the present case and cases shown in the gang chart, applicant is having criminal history of 11 other cases but it appears that out of 11 cases, number of cases were of 307 IPC police party no injury case and Cow Slaughter Act and in all the cases including cases shown in the gang chart, he is on bail. 11. Further, it appears, in all the cases including cases shown in the gang chart applicant was made accused by the police, therefore, argument advanced by learned counsel for the applicant that during investigation police implicated the applicant in false criminal cases, cannot be completely ruled out at this stage. 12. Further, applicant is in jail in the present matter since 06.03.2024. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Mustkeem be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 16. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 17. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 30.5.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad