Neutral Citation No. - 2025:AHC:11140 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23840 of 2024 Applicant :- Omkar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Manvendra Singh, learned counsel for the applicant and Shri Pradeep Kumar, learned AGA for the State-respondent. 2. The instant second bail application has been filed seeking release of the applicant on bail in S.S.T. No.04 of 2005, arising out of Case Crime No.375 of 2003, under Sections 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, Police Station Baniyather, District Sambhal, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that this is the second bail application filed on behalf of the applicant and first bail application of the applicant has been dismissed by this Court vide order dated 16.04.2024 after considering the fact that however applicant had earlier released on bail in the present matter but thereafter he absconded for five years and he is pressing the instant second bail application on the ground that in the present matter applicant is in jail since 22.12.2023 i.e. for last more than a year. 4. He further submits that applicant has given an undertaking in the supplementary affidavit that if he will be released on bail then he will regularly attend the trial court either in person or through his counsel and will fully co-operate with the trial of the case. 5. Per contra, learned AGA however opposed the prayer for bail and submits, this is the second bail application but could not dispute the other arguments on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for both the parties and perused the record of the case. 7. However, it reflects that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed by this Court vide order dated 16.04.2024 after considering the fact that applicant appears to be absconder but it reflects, in the present matter applicant is in jail since 22.12.2023 i.e. for last more than a year. 8. Further, applicant has given an undertaking in the supplementary affidavit that if he will be released on bail then he will regularly attend the trial court either in person or through his counsel and will fully co-operate with the trial of the case. 9. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be enlarged on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Omkar Singh, 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. 12. 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. 13. 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 :- 22.1.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad