Neutral Citation No. - 2025:AHC:67677 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6032 of 2025 Applicant :- Mantu Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Dubey,Bhaiya Ghanshyam Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ajay Dubey, learned counsel for the applicant and Sri Manav Chaurasia, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 280 of 2024, under Sections 103(1), 109, 115(2), 352, 117(2) B.N.S., Police Station Ubhaon, District Ballia during pendency of the trial. 3. Learned counsel for the applicant submits, on the basis of false allegation, applicant has been made accused in the present matter along with co-accused Indrawati but after considering the entire facts of the case in detail, co-accused Indrawati has been released on bail by this Court and her bail order has been annexed at page- 59 of the paper-book and as far as merit of the case is concerned, the case of applicant is at par with her except the fact that she was lady but on this ground she was not enlarged on bail. 4. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 30.09.2024 i.e. for last more than six months. 5. Per contra, learned AGA opposed the prayer for bail and submits, apart from the present case applicant is having criminal history of one another case of offence under Sections 363, 366 IPC but he could not dispute the other arguments on fact 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 due to the assault made by the applicant and others including co-accused Indrawati deceased died but after considering the entire facts of the case in detail co- accused Indrawati has been released on bail and from her bail order it reflects, she was enlarged on bail on merit and as far as merit of the case is concerned, case of applicant is at par with her. 8. Further, however it reflects, apart from the present case applicant is having criminal history of one another case but he did not explain his criminal history in the instant bail application but law is settled, ordinarily merely on the basis of criminal history bail application of an accused should not be withheld if otherwise case of bail is made out and therefore considering the Article 21 of the Constitution of India, in my view, it is not proper to withheld the bail application of the applicant merely on this ground alone. 9. Further, in the present matter applicant is in jail since 30.09.2024 i.e. for last more than six months. 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 - Mantu 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 :- 30.4.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad