Neutral Citation No. - 2025:AHC:123173 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23739 of 2025 Applicant :- Kamal Opposite Party :- State of U.P. Counsel for Applicant :- Rohit Nandan Pandey Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. The present bail application has been filed on behalf of the applicant in Case Crime No.934 of 2024, under Sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station-Kavi Nagar, District-Ghaziabad, with the prayer to enlarge him on bail. The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case and in jail since 30.09.2024. It is further submitted on behalf of applicant that two cases have been shown in the gang chart and in the said case, applicant is on bail. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for grant of bail, but has fairly conceded that in two cases mentioned in the gang chart, applicant is on bail. Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, this Court finds that condition of Section 19 (4) of the Act are properly complied with, as the charge-sheet has already filed and at this stage, does not appear to be guilty of such offence, therefore, applicant is entitled to be released on bail. Let the applicant-Kamal, who is involved in aforementioned case 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 subject to following conditions. (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails 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 IPC. (iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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. Order Date :- 25.7.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad