Neutral Citation No. - 2025:AHC:30847 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46546 of 2024 Applicant :- Ombir Singh Opposite Party :- State of U.P. Counsel for Applicant :- Abdul Zarrar Khan,Deepak Singh Patel,Devendra Singh Counsel for Opposite Party :- G.A.,Virendra Singh Tomar Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Sri Deepak Singh Patel, learned counsel for the applicant, Sri Pradeep Kumar, learned A.G.A. for the State-respondent and Sri Virendra Singh Tomar, learned counsel for the informant. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.516 of 2024, under Sections 103(1), 61(2) B.N.S., Police Station Shamli, District Shamli, during pendency of the trial. 4. Learned counsel for the applicant submits that nobody was named in the FIR but during investigation, co-accused Rahul Sharma was made accused and when his statement was recorded then he disclosed the name of the applicant and except the statement of co-accused Rahul Sharma and confessional statement of the applicant, there is no cogent evidence against the applicant on record. 5. He further submits that after considering the entire facts of the case, co-accused Rahul Sharma has been released on bail by this Court vide order dated 14.02.2025 passed in Criminal Misc. Bail Application No.1825 of 2025 and on facts, even case of applicant is on better footing than him. 6. He further submits that however, apart from the present case, applicant is having criminal history of five other cases but his criminal history has been explained in the supplementary affidavit dated 04.03.2025 filed in support of the instant bail application and except one case, all the other cases relates to minor offences. 7. He further submits that in the present matter, applicant is in jail since 08.09.2024 i.e. for last almost six months. 8. Per contra, learned AGA as well as learned counsel for the informant however opposed the prayer for bail but they could not dispute the fact that name of the applicant was surfaced in the present matter through the statement of co-accused Rahul Sharma and except the statement of co-accused Rahul Sharma and confessional statement of the applicant, there is no cogent evidence against the applicant on record and co-accused Rahul Sharma has already been released on bail by this Court. 9. 9. I have heard both the parties and perused the record of the case. 10. It is a case of circumstantial evidence and it appears, during investigation, applicant has been made accused in the present matter through the statement of co-accused Rahul Sharma and except the statement of co-accused Rahul Sharma and confessional statement of the applicant, there is no other cogent evidence against the applicant on record. 11. Further, co-accused Rahul Sharma has been released on bail by this Court vide order dated 14.02.2025. 12. Further, however, apart from the present case, applicant is having criminal history of five other cases but his criminal history has been explained in the supplementary affidavit dated 04.03.2025 filed in support of the instant bail application and except case relates to sections 364, 302 I.P.C., all the other cases relate to minor offences and case under Section 302 I.P.C. is of the year 2015 and in that case, applicant is on bail. 13. Further, in the present matter, applicant is in jail since 08.09.2024 i.e. for last almost six months. 14. Further, law is settled, if otherwise case of bail is made out then ordinary merely on the basis of criminal history, bail application of an accused should not be withheld. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant- Ombir Singh 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 her 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. 18. 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. 19. 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 :- 4.3.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad