Bail application under the U.P. Gangster Act for an accused whose gang chart listed a solitary case, in which plus one more case he was already on bail; court allowed bail with conditions.
Applicant to be released on furnishing personal bond and two sureties with conditions imposed.
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Neutral Citation No. - 2025:AHC-LKO:44111
Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6829 of 2025
Applicant :- Dhirendra Alias Baba Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko.
Counsel for Applicant :- Ram Milan Yadav,Om Prakash Yadav Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
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 sole case mentioned in the gang chart. In that case, he has been released on bail. The bail order is on record as Annexure No. 4 to the bail application. Apart from the sole case mentioned in the gang chart, there is one more case pending against the accused applicant in which also he has been enlarged on bail. The bail order is on record as Annexure No. 5 to the bail application.
It has been further submitted that applicant is in jail since 19.09.2025 and if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will cooperate in speedy trial of the case.
Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant.
On due consideration to the fact that in the solitary case mentioned in the gang chart as well as in one more case, he has been enlarged on bail; apart from those two cases, there is no
other case pending against the applicant as well as considering the fact that the applicant is languishing in jail since 19.09.2025, I find it to be a fit case for enlarging the applicant on bail.
Accordingly, the bail application is allowed.
Let the applicant, Dhirendra Alias Baba , involved in Case Crime No. 17/2025, under Sections 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station - Bangarmau, District - Unnao, 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 with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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.
(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 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.
(v) The applicant shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail.
(vi) 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 of the Indian Penal Code (Now Section 269 of BNS).
(vi) 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. (now Section 84 BNSS) is issued and the 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 (now Section 209 of BNS).
It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.
Order Date :- 30.7.2025 R.C.
Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant charged under the U.P. Gangster Act should be enlarged on bail given bail already granted in both cases cited in the gang chart.
3 provisions across 2 enactments
Dhirendra Alias Baba
State Of U.P. Thru. Addl. Chief Secy. Home Lko.
Karunesh Singh Pawar
As recorded by the court registry
3 orders share this CNR
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