Neutral Citation No. - 2025:AHC:93963 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6719 of 2025 Applicant :- Amir Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Rai,Shyamu Shukla Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1 .Supplementary affidavit filed by the applicant is taken on record. 1a. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. 2. By means of the present bail application, the applicant seeks bail in Case Crime No. 97 of 2024, under Section 2(B)(I)(IV)(XI) (XVII)(XXV) and 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station- Harpur Budhat, District- Gorakhpur, during the pendency of trial. 3. It is contended by the learned counsel for the applicant that two criminal cases have been shown in the gang-chart registered against the applicant in which he has already been enlarged on bail by the court concerned. He further contends that apart from the cases shown in the gang-chart nine other criminal cases of criminal history are there. He further submits that he has explained four cases of criminal history in paras 6 and 7 to the affidavit to the bail application and five cases of criminal history has been explained in para 2 of the supplementary affidavit, have been registered against him in which he has also been enlarged on bail by the court concerned. Copies of the bail orders have been appended as Annexure-3 to the affidavit to the bail application and Annexure S.A.1 to the supplementary affidavit. It is further stated that there is no other criminal history of the applicant. He further submitted that co-accused Mohd. Rashid @ Sadik and Balchand have already been granted by the co-ordinate Bench of this Court vide order dated 12.08.2024 and 09.09.2024 being Criminal Misc. Bail Application No.28826 of 2024, and Criminal Misc. Bail Application No.30269 of 2024.The applicant is languishing in jail since 07.09.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. while opposing the bail application does not dispute the said fact that nine criminal cases, apart from the present one, are registered against the applicant in which he has already been enlarged on bail. 5. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court finds that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. 6. Let the applicant- Amir, who is involved in aforementioned case crime 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 subject to following conditions. (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (ii) 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 IPC. (iii) 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., may be issued and if 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. (iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 30.5.2025 Ashish/- Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad