HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 38103 of 2025 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Supplementary affidavit filed by the applicant is taken on record. 2. Heard Sri K.K. Shukla, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 262 of 2024, under Sections 109 BNS and Section 3/25 Arms Act, Police Station Bhamoura, District Bareilly during pendency of the trial. 4. Learned counsel for the applicant submits, however, as per allegation, applicant and other accused opened fire upon police party but admittedly none of the police personnel sustained any injury and admittedly it is a case of no injury. 5. He further submits, actually police is highly inimical with the applicant and earlier also police implicated him in 21 other cases and only due to this reason police implicated him in the present matter. He further submits, criminal history of 16 case of the applicant has been explained in the affidavit and supplementary affidavit filed in support of instant bail application. He next submits, remaining five cases applicant could not explained as deponent could not get relevant documents regarding those cases. 6. He further submits, considering the nature of allegation made against applicant it is not proper to withhold the bail application of applicant merely on the basis of his criminal history. Versus Counsel for Applicant(s) : Krishna Kumar Shukla Counsel for Opposite Party(s) : G.A. Farman Alias Bhoot .....Applicant(s) State of U.P. .....Opposite Party(s) 7. He further submits, in the present matter applicant is in jail since 24.07.2024 i.e. for last more than one and half years. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation, applicant and two others opened fire upon police party and applicant is having criminal history of 21 other cases but admittedly none of the police personnel sustained any injury and it appears to be a case of no injury. 11. Further, out of 21 cases criminal history of 16 cases have been explained in the affidavit and supplementary affidavit filed in support of instant bail application. 12. Further, considering the criminal history of the applicant, the argument advanced by learned counsel for applicant that due to his previous criminal history applicant has been made accused in the present matter cannot be ruled out at this stage. 13. Further, in the present matter applicant is in jail since 24.07.2024 i.e. for last more than one and half years. 14. The Apex Court in the case of Ayub Khan Vs. State of Rajasthan 2024 SCC OnLine SC 3763 in paragraph-10 observed as:- "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. …" 15. Therefore, considering the facts and circumstances of the case discussed above and observation made by the Apex Court in the case of Ayub Khan (supra), in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant - Farman @ Bhoot be released on bail in the aforesaid BAIL No. 38103 of 2025 2 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. 18. 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. 19. 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. May 5, 2026 AK Pandey BAIL No. 38103 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad