Neutral Citation No. - 2025:AHC:110574 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21227 of 2025 Applicant :- Manshad @ Sona Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Personal affidavits of the District Magistrate, Muzaffarnagar, S.S.P., Muzaffarnagar and S.H.O., Police Station Khalapar, District Muzaffarnagar are filed today by the learned A.G.A which are taken on record. 2. Heard Sri Sushil Kumar Pandey, learned counsel for the applicant, Sri M.C.Chaturvedi, learned A.A.G assisted by Sri Deepak Mishra and Sri Patanjali Mishra, learned A.G.A for the State and perused the material on record. 3. This matter was heard 20.6.2025, on that date the applicant was released on interim bail considering the merits of this case, however, on pointing out the illegality in invoking Gangster Act on the basis of base case which were available during the preparation of gang chart in case crime no. 54 of 2025, this Court summoned the District Magistrate, Muzaffarnagar, S.S.P., Muzaffarnagar and S.H.O., Police Station Khalapar, District Muzaffarnagar and the matter was posted on 07.07.2025. On 07.07.2025, the matter was heard by Hon'ble Justice Sanjay Kumar Singh and Lordship posted the matter before this Court after nomination of the Hon'ble Chief Justice. After nomination of the Hon'ble Chief Justice, this matter is placed before this Court. 4. In compliance of the order dated 20.06.2025 and 07.07.2025, Sri Umesh Mishra, District Magistrate, Muzaffarnagar, Sri Sanjay Kumar, S.S.P., Muzaffarnagar as well as S.H.O., P.S Khalapar, District Muzaffarnagar are present in the Court. They have filed their personal affidavits mentioning therein that certain mistakes have been committed inadvertently and because of that reason while preparing the Gang Chart in Case Crime no. 54 of 2025, cases of the year 2023 could not be taken into account and subsequently Gangsters Act was invoked in case crime no. 98 of 2025 which is the present case. In the aforesaid affidavits, the District Magistrate, Muzaffarnagar, S.S.P., Muzaffarnagar expressed regret and unconditional apology for the aforesaid mistake and assured the Court that in future while recommending and approving the gang chart, they will be more careful. S.H.O., Police Station Khalapar, District Muzaffarnagar also expressed regret and unconditional apology in committing mistake while initiating the process for invoking the Gangsters Act against the applicant and he also undertakes that he will be more careful in future while deciding to invoke the Gangster Act against the accused persons. Therefore, the Court is satisfied with the explanation of the District Magistrate, Muzaffarnagar, S.S.P., Muzaffarnagar and S.H.O., Police Station Khalapar, District Muzaffarnagar and their personal appearance are exempted. (Order on Bail Application) 1. Considering the fact that the applicant has already been released on bail in all the base cases, and applicant has already been released on interim bail by this Court vide order dated 20.06.2025, I am of the opinion that the bail application of the applicant deserves to be allowed. 2. Let the applicant- Manshad @ Sona involved in the Case Crime no. 98 of2025, under Section 2/3 of U.P.Gangsters Act and Anti Social Activities (Prevention) Act, 1986, P.S. Khalapar, District Muzaffarnagar be released on bail, on his 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 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 cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 3. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 4. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 10.7.2025/PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad