Neutral Citation No. - 2025:AHC:37441 Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24032 of 2024 Applicant :- Suaib Alias Chhote Kadar Opposite Party :- State of U.P. Counsel for Applicant :- Pavanesh Kumar Yadav,Sunil Kumar Tiwari Counsel for Opposite Party :- G.A. and Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24155 of 2024 Applicant :- Irshad Opposite Party :- State of U.P. Counsel for Applicant :- Pavanesh Kumar Yadav,Sunil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard learned counsel for the applicants and the learned A.G.A. for the State and perused the record. 2. These bail applications have been moved by the accused/applicants-Suaib alias Chhote Kadar and Irshad for grant of bail, in case Crime No. 0174 of 2024, under Section 2/3 of Uttar Pradesh Gangsters & Anti- Social Activities (Prevention) Act, Police Station Kakod, District Bulandshahar, during trial. 3. Learned counsel for the accused-applicants while pressing the bail applications submits that the accused-applicants have falsely been implicated in the instant case as well as in the other cases mentioned in the gang chart. It is further submitted that on the basis of eleven cases mentioned in the gang chart, the provision of Gangsters Act has been invoked against the applicants. However, in the cases mentioned in the gang chart, either the applicants have been released on bail or final report has been submitted in their favour. It is further submitted that criminal history shown against the applicants has been duly explained in the supplementary affidavit. He lastly submits that the applicants are not members or leaders of any gang and they are languishing in jail since 31.05.2024. In case, the applicants are released on bail, they will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. It is further submitted that identically placed co-accused, namely, Suhel, Javed and Yunus alias Bona have been granted bail by coordinate Bench of this Court vide orders dated 19.07.2024, 26.07.2024 and 10.12.2024 passed in Criminal Misc. Bail Application Nos. 25820 of 2024, 26293 of 2024 and 24154 of 2024 respectively. 5. On the other hand, learned A.G.A. for the State opposed the bail applications but could not dispute the aforesaid facts. 6. Looking to the nature of allegations levelled against the applicants and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicants are entitled to be released on bail in this case. 7. Accordingly, bail applications are allowed. 8. Let applicants-Suaib alias Chhote Kadar and Irshad involved in the aforesaid case crime be released on bail on each of them furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) That the applicants shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after their release, the applicants shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicants. 9. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicants. Order Date :- 17.3.2025 MN/- Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad