Neutral Citation No. - 2025:AHC:38393 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8978 of 2025 Applicant :- Asif Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sunil Kumar Pandey, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 585 of 2024, under Sections 103(1)/3(5) BNS, Police Station Kotawali Shamli, District Shamli, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 8.10.2024 against co- accused Adnam, Sahil and one unknown person under section 109(1) BNS and according to the FIR nominated accused persons alongwith their unknown associate caused injury to the son of the informant. 4. Learned counsel for the applicant submitted that FIR of the present case was lodged under section 109(1) BNS but after the death of the injured, case has been converted under section 103 BNS. 5. He further submitted that applicant was not named in the FIR but during investigation, he has been made accused in the present matter through the statement of the informant and considering the fact that admittedly, informant was not an eye witness, his implication, prima facie, appears to be false. 6. He further submitted that however, before his death, Investigating Officer also recorded the statement of injured during investigation and his statement has been annexed at page-48 of the paper book but injured did not even disclose the name of the applicant and therefore, it reflects that informant, without any cogent evidence, made applicant accused in the present matter. 7. He further submitted that except the statement of the informant, there is no other cogent evidence against the applicant on record. 8. He further submitted that applicant is however having criminal history of three other cases but his criminal antecedents have been explained in the instant bail application and he is in jail in the present matter since 12.10.2024. 9. Per contra, learned AGA opposed the prayer for bail and submitted that actually apart from the present case applicant is having criminal history of five other cases but he has explained only three cases but he fairly conceded that in other remaining two cases, applicant has been made accused when he was arrested in the present matter. He could not dispute the other arguments 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. From the perusal of the record, it appears that during investigation, applicant has been made accused in the present matter through the statement of informant recorded during investigation but admittedly informant was not eye witness. 12. Record further suggests that however, there is statement of the deceased recorded during investigation before his death but from his statement it reflects that he did not disclose the name of the applicant. 13. Record further suggests that except the statement of the informant, there is no other evidence against the applicant on record. 14. Further, however, it appears, applicant is having criminal history of five other cases and he explained only three other cases but it also reflects that in remaining two cases, applicant has been made accused while he was arrested in the present matter. 15. Further, in the present matter, applicant is in jail since 12.10.2024. 16. Further, law is settled that if otherwise case of bail is made out then merely on the absis of criminal antecedents ordinarily bail application of an accused should not be withheld. 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-Asif, 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. 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. Order Date :- 18.3.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad