Neutral Citation No. - 2025:AHC:65374 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6626 of 2025 Applicant :- Shamshuddin @ Shammu Opposite Party :- State of U.P. Counsel for Applicant :- Paritosh Sukla,Shashwat Shukla Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State-Respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Shamshuddin @ Shammu, seeking enlargement on bail in Case Crime No. 348 of 2009, under Sections 2/3 of U.P. Gangster Act and Anti-social Activities (Prevention) Act, 1986, Police Station- Khair, District- Aligarh. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. The applicant is languishing in jail since 04.01.2025. In the aforesaid case the applicant was granted bail by this Court on 06.11.2009. He submits that after being released on bail, the Gangster Court was established in District Agra and later on, the court was established in District Aligarh, due to which the applicant did not receive any notice of and could not appear before the court concerned. On 08.02.2012, the Court below has issued summons and on 09.07.2015, the Non Bailable Warrant was issued against the applicant and when he not appeared on several dates the proceedings of Section 82 and 83 Cr.P.C. have been initiated against him. The applicant surrendered himself before the court concerned on 04.01.2025. Subsequently, the applicant applied for his third bail being bail application no. 371 of 2025 (Shamshuddin @ Shammu vs. State of U.P.), but the court concerned, rejected the bail of the accused-applicant on 29.01.2025. The applicant has criminal antecedent of two cases and the same are duly explained in para 8 of the bail application. There is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the aforesaid fact. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Shamshuddin @ Shammu, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 28.4.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad