Neutral Citation No. - 2025:AHC:135651 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33268 of 2024 Applicant :- Mithilesh Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A. Hon'ble Santosh Rai,J. 1. Heard Shri Jitendra 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 Mithilesh under Section 439 of The Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No.290 of 2023, under Section 3(1) Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station Jahanaganj, District Azamgarh, during pendency of the trial. 3. Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in the thirteen cases mentioned in the gang chart. However, in all cases mentioned in the gang chart, he has been released on bail by the competent criminal courts and copy of the bail orders with regard to these thirteen cases have been annexed at Annexure No.3 of the paper book. It is also submitted that apart from the thirteen cases mentioned in the gang chart, the applicant has criminal history of nine cases in which he has been granted bail by the competent criminal courts. It is next submitted that co-accused Surendra Maddheshiya @ Chota, Vinod Verma, Sanjay Thathera, Vinod Thathera, Sanjay Jaiswal, Ayodhya Prasad Gupta, Santosh Gupta, Manoj Yadav and Pradeep Pal @ Pappu have been granted bail by co-ordinate Benches of this Court vide orders dated 18.09.2024, 29.07.2024, 25.08.2023, 10.08.2023, 04.10.2023,02.08.2023, 02.08.2023, 02.08.2023 and 28.07.2023 passed in Criminal Misc. Bail Application Nos.33469 of 2024, 4808 of 2024, 34847 of 2023, 35167 of 2023, 34887 of 2023, 33774 of 2023,32770 of 2023,32766 of 2023, and 33096 of 2023 respectively. 4. 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. 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 28.06.2023, undertakes that he will not misuse the liberty, 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. 5. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but has not disputed the aforesaid facts. 6. Upon considering the totality of facts, nature and the evidence reflected from record and also taking into consideration the provision of Section 19(4) of the Act and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed. 7. Let applicant Mithilesh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions- (i) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. Order Date :- 11.8.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad