Neutral Citation No. - 2025:AHC:88464 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11875 of 2025 Applicant :- Arfi Alias Kamran Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Pathak Counsel for Opposite Party :- G.A.,Pradeep Kumar Mishra,Ved Prakash Mishra Hon'ble Sameer Jain,J. 1. Heard Sri Rakesh Pathak, learned counsel for the applicant, Sri Pradeep Kumar, learned A.G.A. for the State-respondent and Sri Ved Prakash Mishra, learned counsel for the informant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.169 of 2024, under Sections 302, 120-B, 506, 34 I.P.C., Police Station- Shahganj, District- Jaunpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that however, applicant is named in the FIR alongwith others but role of causing firearm injuries to the deceased has not been assigned to him and it reflects, with the add of Section 120-B I.P.C., he has been made accused in the present matter. 4. He further submits that however, apart from the present case, applicant is having criminal history of nine other cases but his entire criminal history has been duly explained in the affidavit and supplementary affidavit filed in support of the instant bail application and except two cases, all the other cases relate to minor offences. He further submits, out of two cases, one case is of Section 364-A I.P.C. but that case is of the year 2012 and in that case, applicant is on bail and another case relates to offence of rape but after investigation, no charge-sheet was filed against the applicant. 5. He further submits that applicant is in jail in the present matter since 18.12.2024. 6. Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard both the parties and perused the record of the case. 8. However, applicant is named in the FIR but role of causing firearm injuries to the deceased has not been attributed to him and it reflects, with the aid of Section 120-B I.P.C., he has been made accused in the present matter. 9. Further, however, apart from the present case, applicant is having criminal history of nine other cases but his entire criminal history has been duly explained in the affidavit and supplementary affidavit filed in support of the instant bail application and except two cases, all the other cases relate to minor offences and out of two cases, although one case is of Section 364-A I.P.C. but that case is of the year 2012 and in that case, applicant is on bail and another case relates to offence of rape but it reflects, after investigation, no charge-sheet was filed against the applicant. 10. Further, law is settled, if otherwise case of bail is made out then merely on the basis of criminal antecedents ordinarily bail application of an accused should not be withheld. 11. Further, applicant is in jail in the present matter since 18.12.2024. 12. Therefore, considering the entire facts and circumstances of the case discussed above, in my view, applicant is entitled to be enlarged on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Arfi Alias Kamran 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 :- 22.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad