Neutral Citation No. - 2025:AHC:81692 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29576 of 2023 Applicant :- Chetram Pal @ Chaitu Pal Opposite Party :- State of U.P. Counsel for Applicant :- Meenendra Tripathi,Ram Milan Dwivedi,Shashi Prakash Pandey,Shubham Pandey Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. This is the second bail application. First bail application has been rejected by co-ordinate Bench of this Court vide order dated 30.09.2022. 2. Heard Shri Shashi Prakash Pandey, learned counsel for the applicant, learned AGA for the State-respondents and perused the record. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 158 of 2022, under Section. 3(1) Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kabrai, District Mahoba. 4. As per the gang chart, the applicant has been implicated in the present case on the basis of a solitary case bearing Case Crime No. 3348 of 2018, under Sections 147, 148, 149, 307, 386, 323, 504, 506 IPC, in which he has been granted bail and the copies of the bail orders have been annexed with the affidavit filed in support of the bail application. 5. Learned counsel for the applicant submitted that provision of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act has been invoked on the applicant on the basis solitary case but in the gangchart it has been mentioned that total 6 cases have been registered against the applicant. The applicant has explained criminal history of 37 cases in para-7 of the affidavit accompanied bail application. He has been released on bail in all cases mentioned in the criminal history. Bail orders have been filed as Annexure-5 to the affidavit. In many of cases he has been acquitted. Acquittal orders have been filed as Annexure-6 to the affidavit. The applicant is not previous convict. He further submitted that co-accused Gaya Pal and Umashankar have been granted bail by coordinate Benches of this Court vide orders dated 17.08.2022 and 13.09.2022 passed in Criminal Misc.Bail Application Nos.31247 of 2022 and 38061 of 2022 respectively. It is next submitted that first bail application of the applicant has been rejected mainly on the ground of non explanation of criminal history which has duly been explained in the second bail application. The applicant is in jail since 17.06.2022 i.e. two years and 11 months. 6. Per contra, learned A.G.A. opposed the prayer for bail and placed reliance on the grounds taken in the counter affidavit. He submitted that the applicant is shown as gang leader in the gang-chart and co-accused persons are active gang members and they committed crime in the area for their physical and pecuniary benefits of the gang. But learned A.G.A. could not dispute the fact that applicant has duly explained criminal history of 37 cases in the affidavit accompanied with the second bail application and he is not previous convict. 7. I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail. 8. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. 9. Let the applicant-Chetram Pal @ Chaitu Pal be released on bail in Case Crime No. 158 of 2022, under Section. 3(1) Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kabrai, District Mahoba, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not influence any witness. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) 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 to any police officer or tamper with the evidence. 10. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 16.5.2025/Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad