Neutral Citation No. - 2025:AHC:75162 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11061 of 2025 Applicant :- Ankit Sharma Alias Pandit Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ankit Srivastava, learned counsel for the applicant and Sri Manav Chaurasia, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 270 of 2023, under Sections 302, 120-B IPC, Police Station- Muradnagar, District- Ghaziabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that nobody was named in the FIR but during investigation, when the statement of the informant was recorded then on the basis of CCTV footage, he disclosed the name of the applicant along with co-accused Vishal and from his statement, it reflects, co-accused Vishal was the principal accused, who caused fire-arm injury to the deceased. He further submitted that applicant has been made accused in the present matter with the aid of Section 120-B IPC. 4. He further submitted that however, apart form the present case, applicant is having criminal history of 14 other cases but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application and except a case of the year 2023, all the other cases were of the year 2010-13 and out of 14 cases, in three cases, he has been acquitted and in all the remaining cases, he is on bail. 5. He further submitted that applicant is in jail in the present matter since June, 2023 i.e. for last almost two years. 6. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the 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. Nobody was named in the FIR but it reflects, informant of the case during investigation disclosed the name of the applicant along with co-accused Vishal on the basis of CCTV footage and according to him, co-accused Vishal was the principal accused, who caused fire-arm injury to the deceased and it reflects, with the aid of Section 120-B, applicant has been made accused in the present matter. 9. Further, however, apart form the present case, applicant is having criminal history of 14 other cases but his criminal history has been explained in the supplementary affidavit filed in support of the instant bail application and except a case of the year 2023, all the other cases were of the year 2010-13 and out of 14 cases, in three cases, he has been acquitted and in all the remaining cases, he is on bail. 10. Further, law is settled, if otherwise case of bail is made out then ordinarily merely on the basis of criminal history of an accused, his bail application should not be dismissed. 11. Further, applicant is in jail in the present matter since June, 2023 i.e. for last almost two years. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Ankit Sharma Alias Pandit 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. 15. 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. 16. 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 :- 8.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad