Neutral Citation No. - 2025:AHC:65551 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10321 of 2025 Applicant :- Kuldeep Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Mayank,Shashikala Mani Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant in the Court is taken on record. 2. Heard Shri Vikas Srivastava, Advocate holding brief of Shri Abhishek Mayank, learned counsel for the applicant and Shri Vijay Bahadur Maurya, learned AGA for the State-respondent. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.198 of 2024, under Sections 302, 364, 201, 120-B I.P.C., Police Station Tappal, District Aligarh, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that it is a case of circumstantial evidence and applicant was not named in the FIR but during investigation when second statement of the co-accused Vikas was recorded then he disclosed the name of the applicant and thereafter applicant has been made accused in the present matter with the aid of Section 120-B I.P.C. 5. He further submits that except statement of the co-accused and confessional statement of the applicant, there is no cogent evidence against the applicant on record. 6. He further submits that named co-accused Vikas, who disclosed the name of the applicant has already been released on bail by Co- ordinate Bench of this Court vide order dated 28.11.2024 passed in Criminal Misc. Bail Application No.38683 of 2024. 7. He further submits that however, apart from the present case, applicant is having criminal history of eighteen other cases but entire criminal history of the applicant has been explained in the supplementary affidavit filed in support of the instant bail application and from its perusal, it reflects, majority of the cases were of minor offences and were old one and in all the cases, applicant is on bail. 8. He further submits that applicant is in the present matter is in jail since 18.12.2024. 9. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for both the parties and perused the record of the case. 11. However, as per allegation, applicant alongwith others committed the murder of the deceased but it reflects, during investigation, he has been made accused in the present matter through the statement of co-accused Vikas and except statement of the co-accused and confessional statement of the applicant, there is no cogent evidence against the applicant on record. 12. Further, named co-accused Vikas, who disclosed the name of the applicant has already been released on bail by Co-ordinate Bench of this Court vide order dated 28.11.2024. 13. Further, however, apart from the present case, applicant is having criminal history of eighteen other cases but entire criminal history of the applicant has been explained in the supplementary affidavit filed in support of the instant bail application and in all the cases, he is on bail and from its perusal, it reflects, majority of the cases were of minor offences and were old one. 14. Further, law is settled, if otherwise case of bail is made out then ordinarily merely on the basis of criminal antecedents, bail application of an accused should not be withheld. 15. Further, applicant is in the present matter is in jail since 18.12.2024. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be enlarged on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant- Kuldeep, 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 :- 28.4.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad