Neutral Citation No. - 2025:AHC:35238 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15958 of 2024 Applicant :- Chaman Opposite Party :- State of U.P. Counsel for Applicant :- Adarsh Srivastava,Ajay Kumar Pal,Navin Kumar,Reena Pal,Sudhir Mehrotra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Adarsh Srivastava, learned counsel for the applicant and Sri S.K. Ojha, learned AGA-I and perused the record. 2. This is the second bail application filed by the applicant. The first bail application filed by the present applicant has been rejected by the co-ordinate Bench of this Court by means of a detailed order dated 30.11.2023 passed in Criminal Misc. Bail Application No. 40165 of 2023. 3. The applicant-Chaman, has filed this second bail application with a prayer to enlarge him on bail in Case Crime No. 166 of 2023, under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Pilua, District- Etah, during the pendency of the trial. 4. In support of this second bail application, learned counsel for the applicant has reiterated the entire submissions made in the first bail application, which are not necessary to mention herein again by this Court. It has been submitted by learned counsel for the applicant that the trial of the case has not begun. The applicant is not a member or leader or organizer of a gang and he has not abetted or assisted in the activities of a gang as enumerated in clause (b) of Section 2 of the Act. 5. It has been further submitted by learned counsel for the applicant that pendency of the criminal cases against the accused may itself cannot be a basis for refusal of bail. In support of his contention, he has placed reliance upon the judgment of Hon'ble Apex Court in the case of Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648, the Hon'ble Supreme Court has observed that pendency of several criminal cases against an accused may itself cannot be a basis for refusal of bail. 6. It has been next submitted by learned counsel for the applicant that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The criminal history of 24 case of the applicant has been explained in the affidavit filed in support of the bail application. The applicant, who is languishing in jail since 24.11.2022 i.e. for last more than 2 years and undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 8. Learned AGA has opposed the prayer for bail and submits that the if the applicant is released on bail, he shall misuse the bail or indulge in any crime while on bail in previous criminal cases. 9. Upon considering the totality of judgment of Hon'be Apex Court in Prabhakar Tewari (supra), facts, nature and the evidence reflected from record and also taking into consideration the provision of Section 19(4) of the Act and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed. 10. Let applicant, Chaman be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions- (i) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. Order Date :- 5.3.2025 Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad