Neutral Citation No. - 2025:AHC:25302 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45320 of 2024 Applicant :- Shakeel Alias Tikau Opposite Party :- State of U.P. Counsel for Applicant :- Shams Uz Zaman Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Shri Shams Uz Zaman, learned counsel for the applicant and Shri Ajeet Madhesiay, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.06 of 2022, under Sections 363, 302, 201, 120-B I.P.C., Police Station Binauli, District Baghpat, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that it is a case in which during investigation, informant of the case namely Najim has been made accused in the present matter alongwith applicant and co-accused Ejaj @ Azad @ Lambu and after considering the entire facts of the case, informant of the case Najim and co- accused Ejaj @ Azad @ Lambu have been released on bail by this Court and their bail orders have been annexed as Annexure No.7 of the affidavit filed in support of the instant bail application and on facts, case of applicant is at par with them. 5. He further submits even it is a case of circumstantial evidence and there is no cogent evidence against the applicant, which can connect him with the instant crime. 6. He further submits that however, apart from the present case, applicant is having criminal history of eleven other cases but his entire criminal history has been explained in the affidavit and supplementary affidavit filed in support of the instant bail application and almost in all the cases, he has been implicated by police and this fact shows that police is highly inimical with the applicant and implication of the applicant in the present matter is also outcome of the above enmity. He further submits, even co- accused Ejaj @ Azad @ Lambu was also having criminal history of ten other cases. 7. He further submits that applicant is in jail in the present matter since 18.04.2022 i.e. for last almost three years. 8. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for both the parties and perused the record of the case. 10. It appears to be a case of circumstantial evidence and during investigation, applicant has been made accused in the present matte alongwith informant of the case Najim and co-accused Ejaj @ Azad @ Lambu and both informant of the case Najim and co- accused Ejaj @ Azad @ Lambu have already been released on bail by this Court and on facts, case of applicant is at par with them. 11. Further, however, apart from the present case, applicant is having criminal history of eleven other cases but his entire criminal history has been explained in the affidavit and supplementary affidavit filed in support of the instant bail application and after considering the entire criminal antecedents of the applicant, the argument advanced by learned counsel for the applicant that police is highly inimical with the applicant and only due to this reason, he has been made accused in the present matter during investigation, cannot be ruled out at this stage. Further, co- accused Ejaj @ Azad @ Lambu was also having criminal history of ten other cases. 12. Further, if otherwise case of bail is made out then also ordinarily on the basis of criminal antecedents, bail application of an accused should not be withheld. 13. Further, applicant is in jail in the present matter since 18.04.2022 i.e. for last almost three years. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Shakeel Alias Tikau, 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. 17. 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. 18. 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 :- 20.2.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad