Neutral Citation No. - 2025:AHC:28760 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3568 of 2025 Applicant :- Dharmendra Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Girish Kumar Gupta,Santosh Kumar Sharma Counsel for Opposite Party :- Jitendra Kumar Yadav,G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Girish Kumar Gupta, learned counsel for the applicant; Sri Jitendra Kumar Yadav, learned counsel for the informant and Dr. S. B. Maurya, learned AGA-I for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 261 of 2023, under Sections 419, 420, 467, 468, 471, 323, 504, 506 IPC, Police Station Chaubeypur, District Varanasi, during pendency of the trial in the court below. 3. 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 alongwith the co-accused Tej Bahadur Yadav and after considering entire facts of the case in detail co-accused Tej Bahadur Yadav has been released on bail by this Court and his bail order has been annexed at page-72 of the paper book and on facts, case of applicant is at par with him. 4. He further submitted that however, apart from the present case, applicant is having criminal history of three other cases but his criminal antecedents have been explained in the instant bail application and all the alleged offences are triable by Magistrate and in the present matter, applicant is in jail since 29.12.2024. 5. Per contra, learned AGA and learned counsel for informant opposed the prayer for bail and submitted that actually apart from the present case, applicant is having criminal history of five other cases but they could not dispute the other arguments on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, as per allegation applicant alongwith others including co-accused Tej Bahadur Yadav committed the offence of fraud and cheating but it appears co-accused Tej Bahadur Yadav has already been released on bail by this Court and on facts, case of applicant is at par with him. 8. Further, apart from the present case, applicant is, however, having criminal history of five other cases and he has explained the criminal history of only three cases but law is settled that if otherwise case of bail is made out then merely on the basis of criminal antecedents of an accused ordinarily his bail should not be withheld. 9. Further, all the alleged offences are triable by Magistrate and in the present matter, applicant is in jail since 29.12.2024. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant-Dharmendra Kumar Yadav, 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. 13. 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. 14. 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 :- 28.2.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad