Neutral Citation No. - 2025:AHC:39687 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2781 of 2025 Applicant :- Subhash Opposite Party :- State of U.P. Counsel for Applicant :- Himanshu Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Himanshu Mishra, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 38 of 2024, under Section 103(1) BNS, Police Station- Khera Rathore, District- Agra, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that FIR of the present case was lodged against four persons (non applicant) but during investigation, applicant has been made accused in the present matter after exonerating the named accused. He further submitted that applicant is the son of the deceased and except confessional statement of the applicant, there is no cogent evidence against him on record. 5. He further submitted that it is a case of circumstantial evidence and there is no evidence against the applicant on the basis of which, he can be connected with the instant crime. 6. He further submitted 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 filed in support of the instant bail application and out of five cases, three cases related to minor offences and however, one case is of under Section 307 IPC but after investigation, in that case final report has been submitted and remaining one case under Section 307 IPC is of the year 2006 and in that case, applicant is on bail. 7. He further submitted that applicant is in jail in the present matter since 20.12.2024. 8. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Applicant is the son of the deceased and it appears, during investigation, he has been made accused in the present matter after exonerating the named accused persons. 11. Record also suggests that except confessional statement of the applicant, there is no evidence against him on record. 12. However, it reflects, apart from the present case, applicant is having criminal history of five cases but his entire criminal history has been explained in the supplementary affidavit filed in support of the instant bail application and out of five cases, three cases relate to minor offences and however, one case is under Section 307 IPC but after investigation, in that case final report has been submitted and remaining one case under Section 307 IPC is of the year 2006 and in that case, applicant is on bail. 13. Further, law is settled, if otherwise case of bail is made out then ordinarily merely on the basis of criminal history of an accused, his bail application should not be dismissed. 14. Further, applicant is in jail in the present matter since 20.12.2024. 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- Subhash 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. 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 :- 19.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad