Neutral Citation No. - 2025:AHC:27409 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2605 of 2025 Applicant :- Mohit Alias Andha Opposite Party :- State of U.P. Counsel for Applicant :- Mohit Kumar Singh,Sujata Choudhary Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Smt. Sujata Choudhary, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 93 of 2024, under Sections 386, 336, 352, 504, 506, 427, 34 IPC, Police Station- Saroorpur, District- Meerut, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that on the basis of false allegation that applicant and others tried to extort money from the informant, applicant has been made accused in the present matter along with co-accused Ankit. 5. She further submitted that after considering entire facts of the case in detail, co-accused Ankit has been released on bail by this Court vide order dated 08.08.2024 passed in Criminal Misc. Bail Application No. 25553 of 2024 and on facts, case of applicant is at par with him. 6. She further submitted that however, there is allegation of extortion but admittedly informant did not give any money either to the applicant or to any other accused. 7. She further submitted that however, apart from the present case, applicant is having criminal history of 20 other cases but his criminal history has been explained in the supplemenentary affidavit dated 22.01.2025. She further submitted that in majority of the cases, during investigation, police implicated the applicant and all the cases relate to minor offences. 8. She further submitted that law is settled, if otherwise case of bail is made out then ordinarily merely on the basis of criminal antecedents of an accused, his bail application should not be dismissed. 9. She further submitted that applicant is in jail in the present matter since 29.04.2024 i.e. for last almost ten months. 10. Per contra, learned AGA opposed the prayer for bail and submitted that apart from the present case, applicant is having criminal 20 other cases but could not dispute the other argument on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, it reflects, apart from the present case, applicant is having criminal 20 other cases but as far as merit of the present case is concerned, merely on the basis of general allegation, he has been made accused in the present matter along with co-accused Ankit and co-accused Ankit has already been released on bail by this Court. 13. Further, however, it is a case of extortion but admittedly informant did not give any money of extortion either to the applicant or to any other accused. 14. Further, criminal history of the applicant has been explained in the supplementary affidavit filed in support of the instant bail application and after considering criminal history of the applicant, the argument advanced by learned counsel for the applicant that during investigation, local police in majority of the case implicated the applicant, cannot be completely ruled out at this stage. 15. Further, this Court also finds merit in the argument advanced by learned counsel for the applicant that law is settled, if otherwise case of bail is made out then ordinarily merely on the basis of criminal antecedents of an accused, his bail application should not be dismissed. 16. Further, applicant is in jail in the present matter since 29.04.2024 i.e. for last almost ten months. 17. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant- Mohit Alias Andha 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. 20. 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. 21. 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 :- 27.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad