Neutral Citation No. - 2025:AHC:60743 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4413 of 2025 Applicant :- Aryan Singh Urf Kanha Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Singh,Vinod Kumar Singh Counsel for Opposite Party :- G.A.,Vikas Narayan Rai Hon'ble Sameer Jain,J. 1. Heard Sri Rajesh Kumar Singh, learned counsel for the applicant, Sri Vikas Narayan Rai, learned counsel for the informant and Sri Santosh Pandey, learned brief holder for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 685 of 2025, under Sections 111(4), 308(5), 351(3) BNS, Police Station- Bairiya, District- Ballia, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 22.12.2024 against applicant and three others and according to FIR, applicant is hardened criminal and he used to make extortion and on 27.10.2024 and 30.10.2024, he made demand of Rs. 50,000/- from the informant. It is further mentioned in the FIR that on 31.10.2024, applicant and other accused persons also caused fire- arm injury to one Rajan Soni. 4. Learned counsel for the applicant submitted that as per allegation, applicant made extortion on 27.10.2024 and 30.10.2024 from the informant but in spite of that FIR was lodged on 22.12.2024 i.e. after almost two months and this delay in lodging the FIR itself suggests that it is based of false facts. 5. He further submitted that apart from the present case, however, applicant is having criminal history of 11 other cases but his entire criminal history has been duly explained in paragraph no. 14 of the affidavit filed in support of the instant bail application and except two cases relate to offences under Section 307 IPC and 109 BNS, all the other cases are of minor offences and in all the cases, he is on bail. 6. He further submitted that applicant is in jail in the present matter since 07.01.2025. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that apart from the present case applicant is having criminal history of 11 other cases but could not dispute the fact that in all these cases, he is on bail. They further could not dispute the fact that FIR of the present case was lodged after almost two months. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, applicant made demand of Rs. 50,000/- from the informant but it reflects, FIR of the present case was lodged after almost two months. 10. Further, however, it appears, apart from the present case, applicant is having criminal history of 11 other cases but his entire criminal history has been duly explained in the instant bail application and majority of cases relate to minor offences and in all the cases, he is on bail. 11. Further, law is settled, if otherwise case of bail is made out then ordinarily merely on the basis of criminal history of an accused, his bail application should not be dismissed. 12. Further, applicant is in jail in the present matter since 07.01.2025. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Aryan Singh Urf Kanha Singh 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. 16. 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. 17. 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 :- 22.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad