Neutral Citation No. - 2025:AHC:61769 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11600 of 2025 Applicant :- Karan Saini Opposite Party :- State of U.P. Counsel for Applicant :- Sarthak Singh,Vimlesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Personal affidavit filed by S.S.P., Aligarh pursuant to the order dated 09.04.2025 passed by this Court is taken on record. 2. Heard Shri Sarthak Singh, learned counsel for the applicant and Dr. S. B. Maurya, learned A.G.A.-I for the State-respondent. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.456 of 2022, under Sections 115, 302, 120-B, 386, 506 IPC, Police Station Khair, District Aligarh, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that applicant has also been challaned for offence under Section 302 I.P.C. alongwith other sections but admittedly in the present matter, murder of any person has not been committed and after considering the entire facts of the case, co-accused Tarun Tyagi has already been released on bail by this Court vide order dated 12.05.2023 passed in Criminal Misc. Bail Application No.6747 of 2023 and on facts, case of applicant is at par with him. 5. He further submits that however, apart from the present case, applicant is having criminal history of eleven other cases but his criminal history has been explained in para 26 of the affidavit filed in support of the instant bail application and out of eleven cases, in ten cases applicant is on bail and in one case, he has already been acquitted. He further submits, majority of the cases were either of the year 2015 or of the year 2018. 6. He further submits that 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 dismissed. 7. He further submits that applicant is in jail in the present matter since 31.08.2022 i.e. for last more than two and half years. 8. Per contra, learned AGA opposed the prayer for bail and submits that applicant is hardened criminal and he is a contract killer and he was hired for the purpose to commit murder of the informant but he could not dispute the fact that murder of any person could not be committed. 9. He however, further submits that apart from the present case, applicant is having criminal history of eleven other cases but he could not dispute the fact that out of eleven cases, in ten cases applicant is on bail and in one case, he has already been acquitted and majority of the cases were either of the year 2015 or of the year 2018. 10. He further could not dispute the fact that applicant is in jail in the present matter since 31.08.2022 i.e. for last more than two and half years. 11. I have heard learned counsel for both the parties and perused the record of the case. 12. From the record, it reflects, applicant has been made accused in the present matter during investigation alongwith co-accused Tarun Tyagi and admittedly, in the present case, murder of any person has not been committed and after considering the entire facts of the case, co-accused Tarun Tyagi has already been released on bail by this Court vide order dated 12.05.2023 and on facts, case of applicant is at par with him. 13. Further, apart from the present case, applicant is having criminal history of eleven other cases but his criminal history has been explained in para 26 of the affidavit filed in support of the instant bail application and out of eleven cases, in ten cases applicant is on bail and in one case, he has already been acquitted. Further, majority of the cases were either of the year 2015 or of the year 2018. 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 dismissed. 15. Further, applicant is in jail in the present matter since 31.08.2022 i.e. for last more than two and half years. 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- Karan Saini, 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 :- 23.4.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad