Neutral Citation No. - 2025:AHC:87049 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9879 of 2025 Applicant :- Sarvesh Opposite Party :- State of U.P. Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by the applicant and counter affidavit filed by the State are taken on record. 2. Heard Sri Radhey Shyam Yadav, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 05 of 2024, under Sections 302, 201 IPC, Police Station Mirhachi, District Etah during pendency of the trial. 4. Learned counsel for the applicant submits, nobody was named in the FIR but after 13 days an application was moved by the brother of the deceased and in that application he raised suspicion against applicant and co-accused Morpal @ Moharpal and on his application applicant has been made accused along with co- accused Morpal @ Moharpal. 5. He further submits, co-accused Morpal @ Moharpal has been released on bail by the co-ordinate Bench of this Court and his bail order has been annexed at page-118 of the paper-book and on facts, case of applicant is at par with him. 6. He further submits, actually applicant is having criminal history of as many as 13 other cases and only due to his previous criminal history he has been made accused in the present matter. He further submits, entire criminal history of the applicant has been explained in the supplementary affidavit filed in support of instant bail application and from its perusal it reflects, in majority of cases during investigation like present one police implicated him. He further submits, in the all the cases applicant is on bail. 7. He further submits, even law is settled that if otherwise case of bail is made out then ordinarily merely on the basis of criminal history bail application of an accused should not be withheld. 8. He further submits, in the present matter applicant is in jail since 22.01.2024 i.e. for last more than one year. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument 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 record, it reflects, nobody was named in the FIR but during investigation it appears, applicant and co-accused Morpal @ Moharpal has been made accused through an application moved by the brother of the deceased but from the application it reflects, it was moved after 13 days and in that application he only raised suspicion. 12. Further, co-accused Morpal @ Moharpal has been released on bail by the co-ordinate Bench of this Court and as far as the facts of the case are concerned, the case of applicant is at par with him. 13. Further, however apart from the present case applicant is having criminal history of 13 other cases but his criminal history has been explained in the supplementary affidavit and after perusal of the same, it reflects, in majority of cases police during investigation made the applicant accused. Considering this fact, the argument advanced by learned counsel for the applicant that in the present matter also police falsely implicated the applicant like previous one, cannot be ruled out. Further, in all the cases applicant is on bail. 14. Further, this Court also finds merit in the argument advanced by learned counsel for the applicant that if otherwise case of bail is made out then ordinarily merely on the basis of criminal history bail application of an accused should not be dismissed. 15. Further, in the present matter applicant is in jail since 22.01.2024 i.e. for last more than one year. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant - Sarvesh 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. 19. 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. 20. 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 :- 22.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad