Neutral Citation No. - 2025:AHC:76049 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9952 of 2025 Applicant :- Jitu Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State-respondent and perused the material available on record. 2. Application for bail has been filed on behalf of accused/applicant Jitu, who is held in held jail custody in Case Crime No.01 of 2025, under Sections 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Refinery, District Mathur. 3. Learned counsel for the applicant submitted that the provisions of Gangster Act are not invoked against the applicant on the basis of four criminal cases mentioned against him in gangchart, which are of similar nature being Case Crime No. 282 of 2024, under Sections 305(A),331(4),317(2) of BNS, 2023. P.S. Refinery, District Mathura. Other three cases are also registered vide Case Crime No.281 of 2024, Case Crime No. 287 of 2024, Case Crime No.288 of 2024, and Case Crime No.289 of 2024 for the same penal sections and at same police stations. The accused/applicant has been enlarged on bail in all the three cases shown in the gang chart. The bail orders are filed as Annexure No.3 to the affidavit. 4. He further submitted that apart from aforesaid cases shown in the gang chart he is not having any prior criminal history of other case. He undertakes to abide by the conditions of bail, in case he is granted liberty of bail by order of this Court. 5. He further submitted that the alleged offences are relate to allegations of rape, theft and out trespass. The accused/applicant is held in jail custody since 09.01.2025. Hence, he may be enlarged on bail. 6. Per contra, learned A.G.A. for the State-respondent opposed the prayer for bail and submitted that in gangchart four criminal cases are shown against the accused/applicant. He is a man of criminal antecedents and does not deserve to be released on bail. 7. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case I am of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Jitu be released on bail in the aforesaid case crime number 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. Further, before issuing the release order, the sureties be verified. (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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 9.5.2025 Ashish/- Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad