Deepak Verma, J.

1. Heard learned counsel for the applicant, learned AGA for the State and perused the record.

2. This is the second bail application. The first bail application of the applicant was dismissed for want of prosecution vide order dated 03.04.2023 passed in Crl. Misc. Bail application No.54840 of 2022.

3. The instant second bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.205 of 2019, under Section 2/3 Gangsters Act, P.S. Kotwali, District Mainpuri, during pendency of the trial.

4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Instant Gangsters Act has been invoked on account of four cases shown in the gang chart in which he has been enlarged on bail. A copy of the bail orders are annexed with the bail application. It is next submitted that co-accused, namely, Balram @ Balla and Javar Singh have been granted bail by the coordinate Bench of this Court vide orders dated 06.01.2020 and 20.09.2019 passed in Crl. Misc. Bail Application Nos.115 of 2020 and 37975 of 2019, respectively. The bail orders of the co-accused have been annexed as Annexure5 to the bail application. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 29.08.2019 and in case, he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

5. Learned A.G.A. opposed the bail prayer of the applicant.

6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

7. Let the applicant, Gaurav Chauhan, who is involved in the aforesaid case crime, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed. If in the opinion of the trial court absence of the applicant 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 him in accordance with law.

8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.