HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37465 of 2025 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. This is second bail application filed on behalf of the applicant and his first bail application has been dismissed by Hon'ble Ram Krishna Gautam,J. vide order date 27.1.2022 passed in Criminal Misc.Bail Application No. 36325 of 2021 but his Lordship has demitted his offence and the instant second bail application has been assigned to this Bench, therefore, the instant second bail application is being heard and disposed of. 2. Heard Sri G.S.Chauhan, learned counsel for the applicant and Dr. S.B.Maurya, learned AGA-I, for the State. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.141 of 2010, under Sections 419,420, 467,468, 471 and 120B IPC, Police Station Nawabad, District Jhansi during pendency of the trial. 4. Learned counsel for the applicant submits that however, this is second bail application filed on behalf of the applicant but in the instant matter applicant is in jail since 8.12.2020, i.e., for the last more than five years and till date trial of the case could not be concluded. 5. He next submits that even in the present matter, however, as per allegation applicant committed fraud and cheating but during investigation allegations made by informant were found false and final report was submitted but against the final report even protest petition was filed then further investigation was directed and during further Versus Counsel for Applicant(s) : G.S.Chauhan, Shantanu, Vikram Singh Shrivastava Counsel for Opposite Party(s) : G.A. Rishipal Singh Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) investigation applicant has been made accused in the present matter. 6. He further argued that from the bail rejection order dated 27.1.2022 passed by Coordinate Bench of this Court it reflects that bail application of the applicant was dismissed only because applicant was previous convict in two cases. 7. He further submits that however, apart from the present case applicant is having criminal history of 13 other cases and out of 13 cases in 2 cases he has been convicted including the case of murder but in all the cases applicant is on bail and in two cases in which he has been convicted, his appeal is pending. 8. He further submits that even if an accused is previous convict then also on the ground of long incarceration he can be released on bail and for this reason he cannot be detained forever without trial. 9. He further submits that therefore, considering the long incarceration of the applicant, he should be released on bail. 10. Per contra, learned AGA, however, opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, this is second bail application filed on behalf of the applicant and his first bail application has been dismissed by Hon'ble Ram Krishna Gautam,J. after considering the fact that applicant has been convicted in two cases including a case of murder but in the present matter there is allegation of fraud and cheating against the applicant and he is in jail in the present matter since 8.12.2020, i.e.,for the last more than five years. 13. Further, however, apart from the present case, in two cases applicant has been convicted including a case of murder and he is also having criminal history of 11 other cases but his criminal history has been explained in the instant bail application and in all the cases he is on bail including the cases of conviction BAIL No. 37465 of 2025 2 14. Considering the nature of allegations made against applicant and facts of the case, this Court is of the view that it is not proper to withhold the bail application of the applicant by ignoring his long incarceration merely on the basis of his criminal antecedents. 15. Further, this Court also finds merit in the argument advanced by the learned counsel for the applicant that merely on the basis of criminal antecedents of the applicant and the fact that he is previous convict, he cannot be detained in jail forever without trial. 16. The Apex Court in the case of Ayub Khan Vs. State of Rajasthan, 2024 SCC OnLine SC 3763 in paragraph-10 also observed as under: "The presence of the antecedents of the accused is only one of the several considerations for deciding the prayer for bail made by him. In a given case, if the accused makes out a strong prima facie case, depending upon the fact situation and period of incarceration, the presence of antecedents may not be a ground to deny bail. There may be a case where a Court can grant bail only on the grounds of long incarceration. The presence of antecedents may not be relevant in such a case. In a given case, the Court may grant default bail. Again, the antecedents of the accused are irrelevant in such a case. Thus, depending upon the peculiar facts, the Court can grant bail notwithstanding the existence of the antecedents.................." 17. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant-Rishipal Singh 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 BAIL No. 37465 of 2025 3 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. 20. 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. 21. 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. April 23, 2026 SKM BAIL No. 37465 of 2025 4 (Sameer Jain,J.) Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad