Bail may be granted in cases under the Gangsters Act when the applicant is already on bail in the primary case listed in the gang chart and parity exists with a co-accused.

1. Heard Shri Siddharth Rai, learned counsel for the applicant and Shri B.P. Maurya, learned AGA for the State- respondents and perused the record.

2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a prayer to release him on bail in Case Crime No. 77 of 2026, under Section 2(b)(1), 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, registered at Police Station Jiyanpur, District Azamgarh, during pendency of the trial.

3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is further submitted that the applicant is on bail in the solitary case that has been shown against him in the gang chart, apart from the above, the applicant is also on bail in three other cases and in fifth case he has been acquitted. It is further submitted that co-accused Ram Ashish Yadav has already been granted bail by the Co-ordinate Bench of this Court vide order dated 04.05.2026 passed in Criminal Misc. Bail Application No.14793 of 2026. The applicant is languishing in jail since 13.03.2026, 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.

4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant.

5. aApplicant is on bail in the solitary case that has been shown against him in the gang chart, apart from the above, the applicant is also on bail in three other cases and in fifth case he has been acquitted. It is further submitted that co-accused Ram Ashish Yadav has already been granted bail by the Co-ordinate Bench of this Court vide order dated 04.05.2026 passed in Criminal Misc. Bail Application No.14793 of 2026. The applicant is languishing in jail since 13.03.2026.

6. Upon considering the totality of facts, nature and the evidence reflected from record 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 the applicant- Saurabh @ Kariya involved in the aforesaid case crime shall be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned :-

(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 351 of B.N.S.S.

(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