Neutral Citation No. - 2025:AHC:127906 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26256 of 2025 Applicant :- Kausar Opposite Party :- State of U.P. Counsel for Applicant :- Vikrant Gupta Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State. 2-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 78 of 2024, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, Police Station Jaswant Nagar, District Etawah during the pendency of trial. 3-The main substratum of argument of learned counsel for the applicant is that the name of the applicant does not finds place in the main gang chart, however, his name has been mentioned in the supplementary gang-chart dated 03.03.2025. According to the supplementary gang-chart, applicant is said to have been involved in one criminal case, in which he has already been enlarged on bail, copy of bail order has been brought on record as Annexure No. 4 to the bail application. It is next submitted that apart from supplementary gang- chart, applicant has a criminal history of five other criminal cases, which reads as under:- (i) Case Crime No. 196 of 2024, U/s 281, 3(5), 324(4) B.N.S., P.S. Jahanganj, District Fatehgarh. (ii) Case Crime No. 197 of 2024, U/s 281, 3(5), 324(4) B.N.S., P.S. Jahanganj, District Fatehgarh. (iii) Case Crime No. 198 of 2024, U/s 3(5), 318(4), 336(3), 338/340(2) B.N.S. and Section 11(1)D Cruelty to Animal Act, P.S. Jahanganj, District Fatehgarh. (iv) Case Crime No. 211 of 2024, U/s 109, 121(1), 190, 191(2), 191(3), 3(5), 318(4) B.N.S., P.S. Mohammadabad, District Fatehgarh. (v) Case Crime No. 239 of 2023, U/s 11(1)D Cruelty to Animals Act and Section 3/5A/8 of Cow Slaughter Act, P.S. Behta Bhujakar, District Unnao. Explaining the above criminal history, it is further submitted that the applicant in two cases mentioned at serial nos. (i) and (ii), has furnished bonds under Section 35(3) B.N.S.S. whereas in three cases mentioned at serial nos. (iii), (iv) and (v), applicant- Kausar is enlarged on bail, copies whereof have been annexed as Annexure No. S.A.1 to the supplementary affidavit dated 23.07.2025. It is further argued that the applicant has been falsely implicated in the present case due to ulterior motive. The applicant is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 12.06.2025 and in case he is released on bail, he will not misuse the liberty of bail. 4-Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that the applicant is member of gang and habitual of committing crime. In case the applicant is released on bail, he will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses. 5-Having considered the submissions of the parties, without expressing any opinion on the merits, the bail application is allowed. 6-Let the applicant-Kausar involved in the aforesaid case 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 with the following conditions that :- (i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7-In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 8-The trial Court shall make an endeavour to conclude the trial of the applicant expeditiously without granting any unnecessary adjournments to either of the parties in light of the provisions of Section 12 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. Order Date :- 31.7.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad