Neutral Citation No. - 2025:AHC:141352 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45978 of 2024 Applicant :- Jiyavul Opposite Party :- State of U.P. Counsel for Applicant :- Hasan Parvej Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Hasan Parvej, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 64 of 2023, under Sections 380, 411, 307, 382, 460 IPC, Police Station- Patwai, District- Rampur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, this is the second bail application filed on behalf of applicant and his first bail application has been dismissed on 8.11.2023 after considering the fact that applicant is having criminal history of 10 other cases and during theft one person also sustained injury but he is pressing the instant second bail application on the ground that applicant is in jail in the present matter since 04.07.2023 i.e. for last more than two years and till date, trial of the case could not be concluded. He further submitted that till date, even prosecution evidence could not be completed, therefore, there is no hope of early disposal of the trial. 4. He further submitted that however, applicant is facing trial also for the offence under Section 307 IPC but he was not the person, who caused injury to the injured and as per allegation, he caught hold the injured and thereafter co-accused Anjar caused fire arm injury to him on his leg. 5. He further submitted that however, apart from the present case applicant is having criminal history of ten other cases but his criminal history has been duly explained in the instant bail application and majority of the cases are of theft and it reflects, during investigation in these cases he has been made accused. He further submitted that even all these cases are old one upto the year 2007. 6. He further submitted that therefore, considering the facts and circumstances of the case, applicant should be released on bail. 7. Per contra, learned AGA opposed the prayer for bail and submitted that this is the second bail application filed on behalf of applicant and after considering entire facts of the case including criminal history of the applicant, his first bail application was dismissed but could not dispute the fact that applicant is in jail in the present matter for last more than two years and till date, trial of the case could not be concluded and criminal history of 10 cases of the applicant is based on old cases and majority of the cases are of theft. 8. I have heard both of the parties and perused the record of the case. 9. However, this is the second bail application filed on behalf of applicant and his first bail application has been dismissed after considering the criminal history of the applicant and the fact that from the possession of applicant and others stolen articles were recovered and during alleged incident of theft one person also sustained fire arm injury but it reflects, in the present matter applicant is in jail since July, 2023 i.e. for last more than two years and till date, trial of the case could not be concluded. 10. Considering the long incarceration of the applicant, a report was called from the court concerned, which is now on record and from its perusal, it reflects, even till date, dates are being fixed for prosecution evidence. Further, from the report of the court concerned, it could not be reflected that applicant caused any delay in trial. 11. Further, however, apart from the present case, applicant is having criminal history of ten other cases but his criminal history has been explained in paragraph no.26 of the affidavit filed in support of the instant bail application and all the cases are old one upto the year 2007 and majority of the cases are of theft. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Jiyavul 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. 15. 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. 16. 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 :- 18.8.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad