Neutral Citation No. - 2025:AHC:54650 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12180 of 2025 Applicant :- Aman Opposite Party :- State of U.P. Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ishwar Chandra Tyagi, 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 Sessions Trial No.790 of 2024 arising out of Case Crime No. 209 of 2024, under Sections 103(1), 109, 3(5), 191(2), 191(3), 333 BNS and 3/25 Arms Act, Police Station Mandi Dhanaura, District Amroha, during pendency of the trial. 3. Learned counsel for the applicant submits that applicant was not named in the FIR but during investigation, through the statement of one eye-witness Vandana, his name was surfaced in the present matter along with other accused persons including co-accused Balvinder alias Mataru but as sole eye witness during trial has been declared hostile, therefore, co-accused Balvinder alias Mataru has been released on bail by this Court vide order dated 3.4.2025 passed in Criminal Misc. Bail Application No. 10208 of 2025 and the case of applicant is at par with him as far as facts of the case is concerned. 4. He further submits that apart from the present case, applicant is also having criminal history of four other cases but his entire criminal history has been explained in the instant bail application. 5. He further submits that out of four cases two cases were of theft and one case is under the provisions of Arms Act and last case relates to the provisions of U.P.Gangsters Act and in all the four cases police made him accused. 6. He further submits that in the present matter applicant is in jail since 03.8.2024, i.e., for last more than eight months. 7. 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. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, applicant was not named in the FIR but it appears that during investigation,when the statement of eye-witness Vandana was recorded then she disclosed the name of applicant and others including co-accused Balvinder alias Mataru. 10. From the record it reflects that during trial sole eye witness Vandana has been declared hostile and after considering this fact co-accused Balvinder alias Mataru has been released on bail by this Court and on facts case of applicant is at par with him. 11. Further, apart from the present case, applicant is however having criminal history of four other cases but his criminal history has been explained in the instant bail application and out of four cases, two cases were of theft and one case each were of Arms Act and U.P.Gangsters Act. 12. Further, in the present matter applicant is in jail since 03.8.2024 i.e. for last more than eight months. 13. Further, law is settled that 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. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant-Aman 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. 17. 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. 18. 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 :- 15.4.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad