Neutral Citation No. - 2025:AHC:19071 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46454 of 2024 Applicant :- Sudhir Kumar Goyal Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Mishra,Vimlendu Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Vimlendu Tripathi, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.51 of 2024, under Sections 420 and 406 IPC, Police Station Kotwali Dehat, District Bulandshahar, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that on the basis of false allegation of fraud and cheating, applicant has been made accused in the present matter. 5. He further submitted that even offences under sections 420 and 406 IPC are triable by Magistrate with maximum punishment of seven years. 6. He further submitted that however, apart from the present case applicant is having criminal history of 44 other cases but actually applicant is a Colonizer, therefore, on the basis of false allegation of fraud and cheating and misappropriation, he has been made accused in all these cases and entire criminal history of the applicant has been explained in the affidavit and supplementary affidavit filed in support to the instant bail application. He further submitted that out of 44 cases, in five cases final report has been submitted and in 12 cases applicant is on bail and one case applicant has been acquitted and in another case FIR filed against the applicant has been quashed by this Court. 7. He further submitted that law is by far now settled that if otherwise case of bail is made out then ordinarily merely on the basis of criminal antecedents, bail application of an accused should not be withheld. 8. He further submitted that in the present matter applicant is in jail since 23.4.2024 i.e. for last more than six months. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation, applicant being Colonizer committed cheating and misappropriated the money of the informant but offences under sections 420, 406 IPC are triable by Magistrate with maximum punishment of seven years. 12. Further, however, it appears apart from the present case applicant is having criminal history of 44 other cases but his criminal antecedents have been explained in the affidavit and supplementary affidavit, filed in support to the instant bail application and out of 44 cases, in five cases final report has been submitted and in one case applicant has been acquitted and in another case FIR filed against him has been quashed and in 12 cases applicant is on bail. Record further suggests that in one case relates to Goonda Act, proceeding has already been dropped. 13. Further, this Court finds merit in the argument advanced by learned counsel for the applicant that if otherwise case of bail is made out then ordinarily merely on the basis of criminal antecedents, bail application of an accused should not be dismissed. 14. He further submitted that in the present matter applicant is in jail since 23.4.2024 i.e. for last more than six months. 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-Sudhir Kumar Goyal, 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 :- 10.2.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad