Neutral Citation No. - 2025:AHC:66717 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35372 of 2024 Applicant :- Imtiyaz And Another Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh,Naveen Singh Counsel for Opposite Party :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. This bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicants Imtiyaz and Badruddin seeking enlargement on bail during trial in connection with Case Crime No. 465 of 2024, under Sections 3(1), 2(b)1 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Jahanaganj, District Azamgarh. It has been submitted by learned counsel for the applicants that the applicants are already on bail in the base case shown in the gang chart. The criminal history of four cases has been explained in paragraph nos. 5 and 6 of the rejoinder affidavit. It has also been submitted that similarly placed co-accused Bhola @ Naseem, Pappu @ Waseem, Fakruddin and Naeem have already been granted bail by co-ordinate Bench of this Court vide orders dated 01.10.2024 in Criminal Misc. Bail Application Nos. 35388 of 2024 and 35407 of 2024 while the other co-accused Kamruddin and Mohd. Arshad Kuraishi @ Chhotu have already been granted bail by the co-ordinate Bench of this Court vide order dated 01.04.2025 in Criminal Misc. Bail Application No. 35689 of 2024. The applicants are languishing in jail since 31.08.2024. It has also been stated that there is no possibility of the applicants tampering with any evidence and in such circumstances, the applicants are entitled for bail. It is also stated in the affidavit that the applicants will not misuse the liberty of bail and they shall fully cooperate in the trial. Per contra, the learned A.G.A. for the State has opposed the prayer for grant of bail but he could not dispute the aforesaid facts. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicants may be enlarged on bail. In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicants-Imtiyaz and Badruddin involved in the aforesaid case crime number be released on bail on their furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions which are being imposed in the interest of justice. (i) The applicants shall not tamper with the evidence or threaten the witnesses. (ii) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates 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. (iii) The applicants shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of their absence, without sufficient cause, the Trial Court may proceed against them under Section 229-A of the Indian Penal Code. (iv) In case the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against them in accordance with law under Section 174-A of the Indian Penal Code. (v) The applicants 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 Cr.P.C. If in the opinion of the Trial Court absence of the applicants 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 them in accordance with law. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail. Order Date :- 29.4.2025/Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad