Ajit Singh, J.

1. Heard learned counsel for the applicant, the learned A.G.A. and perused the record.

2. This is a bail application on behalf of the applicant in connection with Case Crime No.234 of 2022, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act 1986, Police Station Khampur, district Deoria.

3. The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated and the present Gangster Act has been imposed against him on the basis of one criminal case shown in the gang chart, annexed at page-21 of the paper book and in this case, he has been bailed out and the bail order has been annexed as Annexure-3. He has further submitted that the co-accused Pankaj Kumar Singh has been granted bail by Coordinate Bench of this Court vide order dated 12.1.2023 passed in Criminal Misc. Bail Application No.440 of 2023, copy of the same has been produced which is taken on record. He has further submitted that the case of the applicant is similar to that of co-accused who has been granted bail and has claimed parity. He submitted that the applicant is languishing in jail since 19.6.2022, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.

4. Learned A.G.A. has vehemently opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore he does not deserve any indulgence. In case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.

5. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram vs. State of U.P. and others, 2018 (3) SCC 2, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

6. Accordingly, the bail application stands allowed.

7. Let the applicant Sanjeev Kumar Kushwaha involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

i) The applicant shall not tamper with the prosecution evidence.

ii) The applicant shall not threaten or harass the prosecution witnesses;

iii) The applicant shall appear on the date fixed by the trial court;

iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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

9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.