Neutral Citation No. - 2025:AHC:33582 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8101 of 2025 Applicant :- Jay Prakash Dom Opposite Party :- State of U.P. Counsel for Applicant :- Km. Khushi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Km. Khushi, learned counsel for the applicant and Sri Shatrughna Yadav, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 161 of 2024, under Sections 109(1), 103(1), 352, 126(2), 3(5) BNS, Police Station- Khampar, District- Deoria, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter along with three others including co-accused Gopal Dom and after considering entire facts of the case in detail, co-accused Gopal Dom has been released on bail by this Court vide order dated 17.02.2025 passed in Criminal Misc. Bail Application No. 1136 of 2025 and on facts, case of applicant is at par with him. 5. She further submitted that however, apart from the present case, applicant is having criminal history of one another case but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application. 6. She further submitted that applicant is in jail in the present matter since 26.07.2024 i.e. for last more than seven months. 7. Per contra, learned AGA opposed the prayer for bail and submitted that apart from the present case, applicant is having criminal history of two other cases but criminal history of only one case has been explained in the instant bail application. However, he fairly conceded, another case relates to offence of theft. 8. I have heard learned counsel for the parties and perused the record of the case. 9. It reflects, on the basis of general and omnibus allegation, applicant has been made accused in the present matter along with three others including co-accused Gopal Dom and co-accused Gopal Dom has already been released on bail by this Court and on facts, case of applicant is at par with him. 10. Further, however, apart from the present case, applicant is having criminal history of two other cases and out of two cases, applicant explained criminal history of only one case in the supplementary affidavit filed in support of the instant bail application but it appears, the unexplained case relates to minor offence. 11. Further, applicant is in jail in the present matter since 26.07.2024 i.e. for last more than seven months. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Jay Prakash Dom 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. 15. 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. 16. 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 :- 7.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad