Neutral Citation No. - 2025:AHC:25703 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46567 of 2024 Applicant :- Anand Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Bhupendra Pal Counsel for Opposite Party :- G.A.,Ram Chandra Solanki Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Sri Bhupendra Pal, learned counsel for the applicant, Sri Ram Chandra Solanki, learned counsel for the informant and Sri Imran Khan, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.145 of 2024, under Sections 420, 408, 467, 468, 471, 504, 506, 120-B IPC, Police Station Kotwali, District Etawah, during pendency of the trial. 4. Learned counsel for the applicant submits that on the basis of false allegation, applicant has been made accused in the present matter along with co-accused Arvind Kumar Dwivedi and Anjali Kumari, director of the firm and even from the FIR, it reflects that applicant was only beneficiary and the alleged fraud was committed by co-accused Arvind Kumar Dwivedi and Anjali Kumari. 5. He further submits that after considering the entire facts in detail, both the co-accused Arvind Kumar Dwivedi and Anjali Kumari have been released on bail by this Court and their bail order is annexed at page 115 of the paper book and case of applicant is on better footing than them. 6. He further submits that however apart from the present case, applicant is having criminal history of 2 other cases but his criminal history has been explained in supplementary affidavit. He next submits that all the alleged offences are triable by Magistrate and investigation of the case has already been concluded and in the present matter, applicant is in jail since 15.11.2024. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submits that apart from the present case, applicant is actually having criminal history of 4 other cases but they could not dispute the other arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, applicant involved in the offence of fraud and cheating along with co-accused Arvind Kumar Srivastava and Anjali Kumari but from the material available on record, it reflects that Arvind Kumar Dwivedi and Anjali Kumari were the principal accused and both have already been released on bail by this Court. 10. Further, it reflects that apart from the present case, applicant is having criminal history of 4 other cases and out of 4 cases, he explained criminal history of only 2 cases but it reflects that one case relates to the provisions of Gangsters Act in which, he was subsequently made accused and however other case is also of cheating but law is settled, if otherwise case of bail is made out then merely on the ground of criminal antecedents, bail application of an accused ordinarily should not be withheld. 11. Further, all the alleged offences are triable by Magistrate and investigation of the case has already been completed and in the present matter, applicant is in jail since 15.11.2024. 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 - Anand Kumar 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 :- 20.2.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad