Neutral Citation No. - 2025:AHC:19488 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8261 of 2024 Applicant :- Shakeel Opposite Party :- State of U.P. Counsel for Applicant :- Yashwant Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Counter affidavit filed by State is taken on record. 2. Heard Sri Yashwant Pratap Singh, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 256 of 2023, under Sections 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Nauchandi, District- Meerut, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that on the basis of two cases shown in the gang chart, applicant has been made accused in the present matter. He further submitted that one case shown in the gang chart, however, is of Section 307 IPC but it was a case of police party encounter no injury case and in another case under Sections 392, 411, 413 IPC, he has been made accused during investigation and in both the cases shown in the gang chart, applicant is on bail. 5. He further submitted that however, apart from the present case and cases shown in the gang chart, applicant is having criminal history of 18 other cases but his entire criminal history has been explained in paragraph no. 11 of the affidavit filed in support of the instant bail application and from its perusal, it reflects that in all the cases police implicated the applicant during investigation and this fact suggests that police is highly inimical with the applicant. 6. He further submitted that applicant is in jail in the present matter since September, 2023 i.e. for last more than a year. 7. He further submitted that co-accused Azad@Peeter@Jubair, who was also challaned along with applicant in the present matter and was the gang leader, has been released on bail by this Court after considering his long incarceration vide order dated 08.01.2025 passed in Criminal Misc. Bail Application No. 22010 of 2024 and he was also having criminal history of 25 cases, therefore, case of applicant is at par with him. 8. He further submitted that therefore, considering the facts and circumstances of the case, applicant should be enlarged on bail. 9. 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. 10. I have heard learned counsel for the parties and perused the record of the case. 11. From the record, it reflects that on the basis of two cases shown in the gang chart, applicant has been made accused in the present matter and out of two cases, one case is of Section 307 IPC but it appears, that case is a case of police party encounter no injury case. Further, remaining case relates to the offence under Sections 392, 411, 413 IPC and it appears, in that case during investigation, applicant has been made accused and in both the cases, he is on bail. 12. Further, however, apart from the present case and two cases shown in the gang chart, applicant is having criminal history of 18 other cases but his criminal history has been explained in the instant bail application and it reflects that in all the cases, during investigation, police made him accused and considering this fact, the argument advanced by learned counsel for the applicant that police is highly inimical with the applicant and used to made him accused in false cases, cannot be completely ruled out at this stage. 13. Further, applicant is in jail in the present matter since September, 2023 i.e. for last more than a year. 14. Further, co-accused Azad@Peeter@Jubair, who was gang leader and was also having criminal history of 25 cases, has been released on bail. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant- Shakeel 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. 18. 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. 19. 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 :- 10.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad