Neutral Citation No. - 2025:AHC:19242 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46414 of 2024 Applicant :- Satish Singh Alias Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Anish Kumar,Sunil Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sunil Singh, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 245 of 2022, under Sections 457, 380, 411, 413, 414 and 34 IPC, Police Station Saraimeer, District Azamgarh, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged against the unknown person with regard to the theft of batteries of a mobile tower and during investigation applicant has been made accused in the present matter alongwith several others including co-accused Santosh Singh and Vinod Thathera and after considering entire facts of the case, both the above co-accused have been released on bail by this Court and their bail orders have been annexed at page nos. 28 and 34 of the paper book, respectively and on facts, case of applicant is at par with them. 4. He further submitted that however, apart from the present case, applicant is having criminal history of fifteen other cases but his his criminal antecedents have been explained in para 13 to the affidavit filed in support to the instant bail application. He further submitted that majority of cases were of theft and this fact shows, police is highly inimical with the applicant and implication of the applicant in the present matter is also the outcome of the above animosity with the police. 5. He further submitted that in the present matter, applicant is in jail since 2.2.2023 i.e. for last more than two years. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the arguments advanced by learned counsel for the applicant and the fact that two similarly placed co-accused have already been released on bail by this Court and criminal history of the applicant has been explained in the instant bail application and in the present matter, applicant is in jail for last more than two years, in my view, applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant-Satish Singh Alias Chhotu, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 10. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 10.2.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad