Neutral Citation No. - 2025:AHC:11183 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25397 of 2024 Applicant :- Padam Singh Opposite Party :- State of U.P. Counsel for Applicant :- Apul Misra,Devvrat Misra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Apul Misra, learned counsel for the applicant and Shri Vijay Bahadur Maurya, learned AGA for the State-respondent. 2. The instant second bail application has been filed seeking release of the applicant on bail in Case Crime No.479 of 2007, under Sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, Police Station Malpura, District Agra, 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 21.05.2024 after considering the fact that applicant appears to be an absconder and he is pressing the instant second bail application on the ground that applicant has been challaned under the provisions of U.P. Gangsters Act on the basis of solitary case shown against him in the gang chart and in the present matter applicant is in jail since 14.04.2024 i.e. for last more than nine months. 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 opposed the prayer for bail and submits that this the second bail application filed on behalf of the applicant but could not dispute the fact that on the basis of solitary case shown against the applicant in the gang chart, he has been made accused in the present matter and in the present matter earlier he had released on bail however subsequently he absconded and in the present matter he is in jail for last more nine months. 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 first bail application of the applicant has been dismissed by this Court vide order dated 21.05.2024 after considering the fact that applicant appears to be absconder but it reflects, in the present matter applicant is in jail since 14.04.2024 i.e. for last more than nine months. 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- Padam 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