Neutral Citation No. - 2025:AHC:83800 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29923 of 2024 Applicant :- Yameen Khan Opposite Party :- State of U.P. Counsel for Applicant :- Alok Mishra,Brajesh Kumar Solanki,Pavanesh Kumar Yadav,Rahul Singh Dahiya,Samrat Vikram Singh 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 and perused the material placed on record. By means of the present bail application, the applicant seeks bail in Case Crime No. 0174 of 2024, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station- Kakod, District- Bulandshahr, during the pendency of trial. It is contended by the learned counsel for the applicant that so far as the gang chart is concerned, only two cases are shown therein, in which he has already been enlarged on bail by the competent court. Copies of bail orders have been appended as Annexure No2 to the affidavit filed in support of bail application. He further submitted that apart from that cases mentioned in the Gang charge, the accused has been attributed a criminal history of 21 cases, but the criminal history has been duly explained in paragraph No.3 of the rejoinder affidavit. The accused applicant is in jail since 08.07.2024. The applicant is not a previous convict. He has been acquitted in some cases mentioned in criminal history, and copies of judgment of court concerned are also filed. In some cases final report has been submitted by police after investigation in favour of the applicant, which is also shown in the affidavit. The co-accused persons namely Suhel, Yunus @ Bona, Javed and Suaib @ Chhote Kadar have already been enlarged on bail by orders of the co-ordinate Bench of this Court. Copies of bail orders are produced for kind perusal. Per contra, learned A.G.A. vehemently opposed the prayer for bail on the ground that accused applicant has long criminal history. Considering the facts and circumstances of the case, as well as keeping in view the nature of offence, evidence and complicity of accused, submission of learned counsel for the parties and also the fact that accused/applicant has previous criminal history and he has explained the same, through rejoinder affidavit. The accused applicant is in jail custody since 08.07.2024, and the fact that co- accused persons have already been granted bail by a co-ordinate Bench of this Court, without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant- Yameen Khan, 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 :- 19.5.2025 Ashish/- Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad