Neutral Citation No. - 2025:AHC:85060 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10007 of 2025 Applicant :- Yashpal Alias Tinda Alias Teetu Opposite Party :- State of U.P. Counsel for Applicant :- Vidit Narayan Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Vidit Narayan Mishra, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 240 of 2024, under Sections 302, 201, 120B IPC, Police Station Ecotech-3, District Gautam Budh Nagar during pendency of the trial. 4. Learned counsel for the applicant submits, on the basis of false allegation applicant has been made accused in the present matter along with co-accused Awadesh Yadav and after considering the entire facts of the case in detail, co-accused Awadesh Yadav has been released on bail and his bail order has been annexed as Annexure-16 to the affidavit filed in support of instant bail application and on facts, case of applicant is at par with him. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 29.06.2024 i.e. for almost a year. 6. Per contra, learned AGA opposed the prayer for bail and submitted that apart from the present case applicant is having criminal history of two other cases and he did not explain his criminal history in the instant bail application but he further submitted that both the cases relate to minor offences. He however could not dispute the other 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. From the record, it reflects, applicant was not named in the FIR and during investigation he has been made accused in the present matter along with co-accused Awadesh Yadav and it reflects, co- accused Awadesh Yadav has been released on bail by this Court and on facts, case of applicant is at par with him. 9. Further, however, apart from the present case applicant is having criminal history of two other cases and he did not explain his criminal history in the instant bail application but considering the fact that both the unexplained cases relate to minor offences in view of this Court on this ground it is not proper to withheld the bail application of the applicant considering the provisions of Article 21of the Constitution of India. 10. Further, in the present matter applicant is in jail since 29.06.2024 i.e. for almost a year. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant - Yashpal @ Tinda @ Teetu 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. 13. 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. 14. 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 :- 20.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad