Neutral Citation No. - 2025:AHC:14003 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1592 of 2025 Applicant :- Bhola Pachauri Opposite Party :- State of U.P. Counsel for Applicant :- Anjali Singh Tomer,Inder Pal Singh Tomar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Ms. Nushra Siddqui, Advocate holding brief of Ms. Anjali Singh Tomer, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 360 of 2024, under Sections 2/3 U.P. Gangsters Act, Police Station Hathras Kotwali, District Hathras, during pendency of the trial in the court below. 3. Applicant was made accused in the present case on the basis of solitary case shown against him in the gang chart. 4. Learned counsel for the applicant submitted that on the basis of solitary case shown in the gang chart, applicant has been made accused in the present matter. 5. He further submitted that applicant is neither member nor leader of any gang and he never indulged in any anti-social activity and in the solitary case shown in the gang chart, he is on bail. 6. He further submitted that however, apart from the present case and solitary case shown in the gang chart, applicant is having criminal history of one another case but in this solitary case also, applicant is on bail and in the present matter, applicant is in jail since 12.12.2024. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the factual arguments advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. From the perusal of the record, it appears that on the basis of solitary case shown in the gang chart, applicant has been made accused in the present case and in that case, he is on bail. 10. Further, however, apart from the present case and the solitary case shown in the gang chart, applicant is having criminal history of one another case but in that case also, applicant is on bail and in the present matter, he is in jail since 12.12.2024. 11. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant-Bhola Pachauri, 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. 14. 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. Order Date :- 27.1.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad