HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31861 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Santosh Kumar Singh, learned counsel for applicant as well as Sri Amit Saxena, learned Additional Advocate General assisted by Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. The present bail application has been filed by the applicant in Case Crime No.53 of 2023, under Sections 2/3 of Gangster Act, Police Station Surir, District Mathura with the prayer to enlarge him on bail. 4. It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act have been launched against the applicant on the basis of two criminal cases shown in the gang chart in which he has already been enlarged on bail by the court concerned. The details of criminal case have been mentioned in the affidavit accompanying the bail application. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. Learned counsel has further stated that there is a criminal history of 19 cases against the applicant, which has been explained. The applicant is languishing in jail since 21.3.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Per contra, learned Additional Advocate General has vehemently opposed the bail application on the ground that the applicant was earlier on also implicated in the case of Gangster Act three times and he had Versus Counsel for Applicant(s) : Santosh Kumar Singh Counsel for Opposite Party(s) : G.A. Rajesh .....Applicant(s) State of U.P. .....Opposite Party(s) misused the opportunity granted to him earlier on. As such, the rigors of Section 19(4) of NDPS Act apply to the instant case as there is every likelihood of applicant misusing the opportunity of bail. Therefore, he is not entitled for bail. 6. After hearing learned counsel for the parties and taking into consideration the fact that the applicant was previously implicated in the case under Gangsters Act three times, I do not find it a fit case for grant of bail to the applicant. The bail application is found devoid of merits and is, accordingly, rejected. 7. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 8. 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. September 24, 2025 Vikas Verma BAIL No. 31861 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad