Neutral Citation No. - 2025:AHC:50542 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11315 of 2025 Applicant :- Ravi Alias Lakkad Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Vivek Singh, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 245 of 2024, under Sections 191(2), 191(3), 190, 103(1), 351(2), 351(3), 333, 61(2) BNS and 3/25/27 Arms Act, Police Station Bhawanpur, District Meerut, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that on the basis of false allegations, applicant has been made accused in the present matter alongwith others including co-accused Devendra @ Mangal and Veer Singh and after considering entire facts of the case, both the above co-accused have been released on bail and their bail orders have been annexed as annexure-10 to the affidavit. 5. He further submitted that except motive and the fact that applicant is also having criminal history of 12 other cases, case of applicant, as far as incident of assault is concerned, is identical with above accused. He further submitted that motive is a double edged weapon which cuts the both sides. 6. He further submitted that entire criminal history of the applicant has been explained in the supplementary affidavits filed in support to the instant bail application and from its perusal it reflects that in majority of cases, applicant has been made accused by the police, during investigation. He further submitted that in all the cases applicant is on bail. 7. He further submitted that law is settled that 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 dismissed. 8. He further submitted that in the present matter, applicant is in jail since 8.10.2024. 9. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is having criminal history of as many as 12 other cases and he is also having motive to commit the instant murder but could not dispute the fact that as far as incident of assault is concerned his case is identical with the case of co- accused Devendra @ Mangal and Veer Singh and both the above co-accused have been released on bail by this Court. 10. Learned AGA further could not dispute the fact that in majority of cases, applicant has been made accused during investigation by the police and in all the cases, he is on bail. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, applicant has been made accused in the present matter on the basis of allegations that he alongwith others including co-accused Devendra @ Mangal and Veer Singh committed the murder of the deceased but after considering entire facts of the case, both the co-accused Devendra @ Mangal and Veer Singh have been released on bail by this Court with a detailed order and as far as incident of assault is concerned, his case is identical with them. 13. Further, however, as per prosecution applicant was having motive to commit the crime but I find merit in the argument advanced by learned counsel for the applicant that motive is a double edged weapon which cuts both the sides. 14. Further, however, it appears applicant is having criminal history of 12 other cases but his entire criminal history has been explained in the supplementary affidavits filed in support to the instant bail application and it appears that in majority of the cases, during investigation, police made him accused and in all cases he is on bail. 15. 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. 16. Further, in the present matter, applicant is in jail since 8.10.2024. 17. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant-Ravi@Lakkad, 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. 20. 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. 21. 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 :- 8.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad