Neutral Citation No. - 2025:AHC:72965 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9291 of 2025 Applicant :- Bhola Opposite Party :- State of U.P. Counsel for Applicant :- Rajat Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rajat Kumar Shukla, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 210 of 2021, under Sections 147, 148, 504, 323, 325, 302, 506 IPC, Police Station Eka, District Firozabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant. The first bail application of the applicant has been dismissed by this Court vide order dated 12.7.2025 but he is pressing the instant second bail application on the ground that after rejection of the first bail application of the applicant co-accused Pradeep Kumar has been released on bail by the Apex Court vide order dated 25.11.2024 passed in SLP (criminal) No. 14789 of 2024. He further submitted that on facts, case of applicant is at par with him. 4. He further submitted that from the order passed by the Apex Court which has been annexed at page 107 of the paper book it reflects that co-accused Pradeep Kumar was enlarged on bail by the Apex Court on the ground that he was in jail for last more than three years and as far as case of the applicant is concerned in the present matter, he is in jail since 29.8.2021. i.e. for last more than three and half years. 5. He further submitted that applicant was having no previous criminal history but on the basis of present case he has also been challaned under the provision of U.P. Gangsters Act. 6. He next submits, therefore, considering the totality of the facts and circumstances of the case, applicant should be enlarged on bail. 7. Per contra, learned AGA opposed the prayer for bail and submitted that after considering the merit of the case in detail first bail application has been dismissed by this Court but he could not dispute the fact that after rejection of the first bail application of the applicant, co-accused Pradeep Kumar has been released on bail by the Apex Court and on facts, case of applicant is at par with him. 8. Learned AGA further could not dispute the fact that in the present matter, applicant is in jail for last three and half years and he was not having any previous criminal history. 9. I have heard learned counsel for the parties and perused the record of the case. 10. This is the second bail application filed on behalf of the applicant and his first bail application has been dismissed by this Court after considering merit of the case but it reflects after rejection of the first bail application of the applicant co-accused Pradeep Kumar has been enlarged on bail by the Apex Court and on facts case of applicant is at par with him. 11. Further from the order passed by the Apex Court it reflects that as co-accused Pradeep Kumar was in custody for last more than three years, therefore, considering his long incarceration he was released on bail. As far as case of applicant is concerned, in the present matter applicant is also in jail since 29.8.2021 i.e. for last more than three and half years. 12. Further, applicant was not having any previous criminal history, however, it reflects that on the basis of present case he has also been made accused under the provisions of U.P. Gangsters Act. 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-Bhola, 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 :- 6.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad