Neutral Citation No. - 2025:AHC:71292 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6245 of 2025 Applicant :- Shekhar Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Pandey,Suraj Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Ravi Pandey, learned counsel for the applicant and Sri Manoj Kumar Singh, learned brief holder for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 822 of 2017, under Sections 396, 411 IPC, Police Station- Hathras Gate, District- Hathras, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that FIR of the present case was lodged against unknown person and during investigation, case was converted under Sections 396 and 411 IPC. 5. He further submitted that during investigation, applicant has been made accused in the present matter along with several others including co-accused Rajan and Kanha @ Devi Singh and both the above co-accused have been released on bail by co-ordinate Bench of this Court and their bail orders have been annexed as Annexure No.6 to the affidavit filed in support of the instant bail application and on facts, case of applicant is at par with them. 6. He further submitted that however, apart form the present case, applicant is having criminal history of 14 other cases but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application and it reflects, when applicant was arrested in the present matter then simultaneously, he has been roped in all the cases. 7. He further submitted that even co-accused Rajan and Kanha @ Devi Singh were also having criminal history of 11 cases and 6 cases respectively. 8. He further submitted that applicant is in jail in the present matter since 11.10.2017 i.e. for last more than seven and half years. 9. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, it is a case under Sections 396 and 411 IPC, in which, two persons sustained injuries and one person died but it reflects, during investigation applicant has been made accused along with several others including co-accused Rajan and Kanha @ Devi Singh and both the above co-accused Rajan and Kanha @ Devi Singh have already been released on bail by co-ordinate Bench of this Court. 12. Further, however, apart form the present case, applicant is having criminal history of 14 other cases but record also suggests that in all the cases, he has been made accused in the year 2017 along with present matter and his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application. 13. Further, even co-accused Rajan and Kanha @ Devi Singh, who have been released on bail, were also having criminal history of 11 cases and 6 cases respectively. 14. Further, applicant is in jail in the present matter since 11.10.2017 i.e. for last more than seven and half years. 15. Therefore, considering the facts and circumstances of the case discussed above, particularly the long incarceration of the applicant of more than seven and half years, in my view applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant- Shekhar Mishra 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. 18. 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. 19. 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 :- 5.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad