Neutral Citation No. - 2025:AHC:72857 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32459 of 2024 Applicant :- Meer Hasan Opposite Party :- State of U.P. Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Shri Rizwan Ullah Siddiqui, learned counsel for the applicant, learned AGA for the State-respondents and perused the record. 2. The present bail application under Section 439 Cr.P.C. has been filed on behalf of applicant Meer Hasan with a prayer to release him on bail in Case Crime No.0164 of 2024, under Section 2/3 of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station Behat, District Saharanpur, during pendency of the trial. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by an Inspector Incharge of Police Station against six persons, including the applicant, stating that the accused persons have formed a gang and are indulged in committing offences. The gang chart annexed with the F.I.R. discloses involvement of the applicant in 5 cases and it is mentioned in the gang chart itself that the applicant has already been enlarged on bail in all those cases. It is further submitted that the applicant is not a member or leader or organizer of a gang and he has not abetted or assisted in the activities of a gang as enumerated in clause (b) of Section 2 of the Act. 4. A counter affidavit has been filed by the applicant disclosing involvement of the applicant in 36 cases. 5. Learned counsel for the applicant submitted that co-accused Akbar @ Sonu, Mumtaj Ali and Jabbar have already been granted bail by co-ordinate Bench of this Court vide orders dated 22.08.2024, 05.05.2025 and 27.02.2025 passed in Criminal Misc. Bail Applications No.29765 of 2024, 10525 of 2025 and 36291 of 2024. 6. On specific query put by the Court regarding conviction of the applicant, learned counsel for the applicant submitted that applicant has been convicted and sentenced under Section 20-61- 85 N.D.P.S. Act, 1985 on the basis of confessional statement on 29.09.2017. In another case under Section 174-A-I.P.C. also he has been convicted by order dated 12.03.2018 passed by Judicial Magistrate Ist Class, Yamuna Nagar at Jagadhri, Harayana. He has been acquitted under Section 13(2) Haryana Gauvansh Sanrakshan and Gausmvrdhan Act, 2015 by judgment dated 18.07.2019 passed by Judicial Magistrate Ist Class, Yamuna Nagar at Jagadhari. He has also been convicted in some other cases on the basis of his confessional statement, out of poverty and want of proper prosecution. 7. It is next submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The applicant, who is languishing in jail since 23.07.2024, undertakes that he will not misuse the liberty of bail, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 8. Per contra learned A.G.A. has opposed the prayer for bail of the applicant submitting that the applicant has long criminal history, but could not dispute the fact that the co-accused persons have been granted bail. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is languishing in jail since 23.07.2024 although he has been granted bail in the five cases mentioned in the gang chart; that in one case in which trial was held the applicant has been acquitted and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Meer Hasan be released on bail in the aforesaid case on furnishing a personal bond and one surety to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. Order Date :- 6.5.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad