Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33504 of 2024 Applicant :- Sunil Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sunita Chauhan Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Second Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Ms. Sunita Chauhan, learned counsel for the applicant, learned A.G.A. and perused the record of the case. 3. The present bail application has been filed on behalf of applicant-Sunil Yadav, under Section 439 of The Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No.376 of 2023, under Section 3 (1) of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station-Rani Ki Sarai, District- Azamgarh, during pendency of the trial. 4. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in this case due to ulterior motive and he is languishing in jail since 24.11.2023. He next submitted that Gangster Act has been invoked against the applicant on the basis of one case, which has been mentioned in the gang chart and in the said case, applicant is on bail. He further submitted that apart from one case, applicant has been attributed criminal history of 16 cases, which has been explained in para-3 of the second supplementary affidavit and applicant has been released on bail in all those cases. In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 5. Per contra learned A.G.A. has opposed the prayer for bail of the applicant. 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, Sunil Yadav 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. Order Date :- 15.5.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad