Neutral Citation No. - 2025:AHC:42933 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8282 of 2025 Applicant :- Kamil Opposite Party :- State Of U.P. Though It Principal Secretary (Home) And Another Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Atul Kumar, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 18 of 2025, under Sections 111(4) BNS and 3, 25 Arms Act, Police Station- Jansath, District- Muzaffar Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that as per allegation, when applicant was arrested by the police then from his possession one country-made pistol was recovered and he stated to the police that he involved in commission of criminal offences along with co-accused Javed and thereafter, he has been made accused under the provisions of Arms Act as well as under Section 111 BNS. 4. He further submitted that as applicant was having criminal history of 27 other cases, therefore, police was highly inimical with him and only due to his previous criminal history, he has been made accused in the present matter. He further submitted that there is absolutely no evidence with regard to offence under Section 111 BNS i.e. for organized crime. He further submitted that criminal history of the applicant has been explained in the instant bail application and in majority of the cases, applicant has been made accused by the police and in all the cases, he is on bail. 5. He further submitted that in the present matter, applicant is in jail since 31.01.2025. 6. 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. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, applicant is having criminal history of 27 other cases and as per allegation, he involved in commission of offence of organized crime but considering the entire material available on record, the argument advanced by learned counsel for the applicant with regard to offence of organized crime, cannot be completely ruled out at this stage. 9. Further, entire criminal history of the applicant has been explained in the instant bail application and it appears, in all the cases, he is on bail and considering the criminal antecedents of the applicant, the argument advanced by learned counsel for the applicant that only due to his previous criminal history, police implicated him in the present matter, cannot be completely ruled out at this stage. 10. Further, in the present matter, applicant is in jail since 31.01.2025. 11. Further, law is settled, if otherwise case of bail is made out then ordinarily merely on the basis of criminal history of an accused, his bail application should not be dismissed. 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- Kamil 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 :- 24.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad