Neutral Citation No. - 2025:AHC:52212 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22119 of 2024 Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Yadav,Dheeraj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Akash, with a prayer to release him on bail in Case Crime No. 106 of 2024, under Sections 2/3 U.P. Gangster and Anti-Social Activities (Prevention) Act, Police Station Jaithara, District- Etah, during pendency of trial. There are four cases mentioned in the gang chart against the applicant. Learned A.G.A. has pointed out that the applicant has criminal history of three more cases mentioned in the counter affidavit. However, in the rejoinder affidavit, the same has been denied by the applicant stating that he could not find any details regarding three alleged cases. Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the cases of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 & Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 that :- (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) 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 Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code. (iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code. (v) 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 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 9.4.2025 Ruchi Agrahari Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad