Neutral Citation No. - 2025:AHC:4276 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22010 of 2024 Applicant :- Azad@ Peeter@ Jubair Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Haris Khan,Naina Chawla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Mohd Haris Khan, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 0256 of 2023, under Sections 2 and 3 U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Nauchandi, District Meerut during pendency of the trial. 4. Learned counsel for the applicant submits, however, this is second bail application filed on behalf of the applicant and first bail application of the applicant has been dismissed by this Court on merit vide order dated 03.04.2024 but he is pressing the instant second bail application on the ground that applicant is facing trial under the provisions of U.P. Gangsters Act and he is detained in jail since 21.09.2023 i.e. for more than a year and till date not even charges could be framed. 5. He further submits, law is settled that even in cases of Special Act like Gangsters Act, on the ground of long incarceration and slow speed of trial, an accused can be released on bail. He placed reliance on the judgment of the Apex Court in the case of Mohd. Muslim @ Hussain Vs. State (NCT of Delhi) AIR 2023 SC 225. 6. He further submits, as far as merit of the present case is concerned, on the basis of two cases shown in the gang chart applicant has been made accused in the present matter and, however, apart from the two cases shown in the gang chart applicant is having criminal history of as many as 25 cases but in all the cases including the cases shown in the gang chart, police falsely implicated the applicant during investigation. 7. He further submits, in all the cases including the cases shown in the gang chart, applicant is on bail, therefore, considering the totality of facts and circumstances of the case, applicant should be released on bail. 8. Per contra, learned AGA opposed the prayer for bail and submitted, this is second bail application filed on behalf of the applicant and apart from the present case and two cases shown in the gang chart applicant is also having criminal history of 25 other cases, therefore, his first bail application was dismissed but he could not dispute the fact that in the present matter applicant is in jail since September, 2023 and till date not even charges could be framed against him. He further could not dispute the fact that in all the cases including the cases shown in the gang chart during investigation applicant has been made accused and in the all the cases he is on bail. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, this is second bail application filed on behalf of the applicant and first bail application of the applicant was dismissed by this Court on merit after considering the fact that apart from the two cases shown in the gang chart, applicant is having criminal history of 25 cases but it reflects, in the present matter applicant is in jail since September, 2023 i.e. for last more than a year and till date not even charges could be framed. 11. Further, however, present case relates to the provisions of U.P. Gangsters Act which is Special Act but the Apex Court in the case of Mohd. Muslim @ Hussain (supra) on which reliance was placed by learned counsel for the applicant categorically observed that even if in cases relate to Special Act in which there is embargo to release the accused on bail, on the ground of long incarceration and slow speed of trial an accused can be released on bail. 12. Further, in all the cases including the cases shown in the gang chart applicant is on bail. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Azad@ Peeter@ Jubair 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. 16. 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. 17. 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 :- 8.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad