Neutral Citation No. - 2025:AHC:30624 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7355 of 2025 Applicant :- Sandeep Patel Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ajay Kumar Mishra, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 11 of 2024, under Sections 396, 412, 420, 467, 471, 427 IPC, Police Station- Nawabganj, District- Prayagraj, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that nobody was named in the FIR and during investigation, after nine months, applicant has been made accused in the present matter along with others including co-accused Vijay Patel @ Mangal. He further submitted that after considering entire facts of the case in detail, co-accused Vijay Patel @ Mangal has been released on bail by this Court vide order dated 23.01.2025 passed in Criminal Misc. Bail Application No. 40561 of 2024 and on facts, case of applicant is at par with him. 4. He further submits, however, apart from the present case applicant is having criminal history of six other cases but his entire criminal history has been explained in the instant bail application. 5. He next submits, law is settled that if otherwise case of bail is made out then ordinarily merely on the basis of criminal antecedents of an accused his bail application should not be withheld. 6. He further submits, in the present matter applicant is in jail since 15.09.2024 i.e. for last more than five months. 7. 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. 8. I have heard learned counsel for the parties and perused the record of the case. 9. From the record it reflects during investigation applicant has been made accused in the present matter after nine months along with co-accused Vijay Patel @ Mangal and co-accused Vijay Patel has already been released on bail by this Court and 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 six other cases but his entire criminal history has been explained in the instant bail application. 11. Further, this court finds merits in the argument advanced by learned counsel for the applicant that, if otherwise case of bail is made out then ordinarily merely on the ground of criminal history bail application should not be withheld. 12. Further, applicant is in jail in the present matter since 15.09.2024 i.e. for last more than five months. 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- Sandeep Patel 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 :- 3.3.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad