Neutral Citation No. - 2025:AHC:91969 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15385 of 2025 Applicant :- Haripal And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Ajay Kumar Srivastava, learned counsel for the applicants and Sri Vijendra Kumar, learned A.G.A. for the State. 2. The present bail application has been filed by the applicants with the prayer to enlarge them on bail in Case Crime No.568 of 2024, under Section 2Kha(1), 2Kha(XI), 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention), Act, 1986, P.S. Cantt, District- Gorakhpur. 3. It is submitted by learned counsel for the applicants that there are two cases shown in the gang chart against applicants, in which case they are already on bail, the bail orders are annexed as Annexure nos.8 and 9 to the affidavit. It is also submitted that apart from the cases mentioned in the gang-chart, the applicants have one criminal history. It is the submission of learned counsel for the applicants that applicants neither the gang leader or organizer or members of the gang and the provision of Gangster Act may not be applicable in the facts and circumstances of the case. Applicants are languishing in jail since 03.04.2025 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial. 4. Per contra, the learned A.G.A. has vehemently opposed the prayer for grant of bail but he could not dispute the aforesaid facts. 5. The applicants in the present case has been implicated on the basis of the criminal case detailed in the gang chart. It is not in dispute by learned A.G.A. that the applicant has already been enlarged on bail in the criminal case showing in the gang chart. Once the applicants have been enlarged on bail in previous criminal case shown in the gang chart which forms the foundation for lodging of the criminal case under the Gangster Act. This Court see no valid ground to detain the applicant in custody once the applicants have already been enlarged on bail in the case shown in the gang chart. 6. Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicants has made out a case for bail. The bail application is allowed. 7. Let the applicants involved in aforesaid case crime be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:- i. The applicants will not tamper with the evidence during the trial. ii. The applicants will not pressurize/intimidate the prosecution witness. iii. The applicants will appear before the trial court on the date fixed, unless personal presence are exempted and/ or the applicant shall make themselves available for interrogation by a police officer as and when required. iv. The applicants shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which they are suspected. v. The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. vi. The applicants shall not leave India without the previous permission of the Court. vii. In the event, the applicants changes his residential address, the applicant shall inform the court concerned about new residential address in writing. 8. 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 :- 27.5.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad