Neutral Citation No. - 2025:AHC:12182 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50880 of 2023 Applicant :- Tekchand Opposite Party :- State of U.P. Counsel for Applicant :- Manish Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Manish Kumar, learned counsel for the applicant and Sri Brijesh Pratap Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.556 of 2020, under Sections 302 and 120-B IPC, Police Station- Bisrakh, District- Gautam Buddha Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits nobody was named in the FIR but during investigation applicant made accused in the present matter through the statement of the co-accused along with co-accused Delar Alias Dayanand Alias Kali and except the statement of the co-accused there is no other evidence against him on record and after considering entire facts of the case, co-accused Delar Alias Dayanand Alias Kali has already been released on bail by this court vide order dated 2.1.2025 passed in Criminal Misc. Bail Application No.28114 of 2024 and on facts case of applicant is at par with him. 4. He further submits that however apart from the present case, applicant is having criminal history of 24 other cases but his entire criminal history has been explained in paragraph no.3 of the supplementary affidavit filed in support of the instant bail application and however in two cases he has been convicted but both the cases were of minor offences. 5. He further submitted that in one case under section 307 IPC applicant has been acquitted. 6. He further submitted that in remaining 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 history of an accused, his bail application should not be dismissed. 8. He further submitted that applicant is in jail in the present matter since 29.03.2022 i.e. for almost three years. 9. Per contra, learned AGA opposed the prayer for bail could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, from the record it reflects that apart from the present case, applicant is having criminal history of 24 other cases and in two cases he has already been convicted but it appears, both the cases relate to minor offence. Further, in one case under section 307 IPC applicant has already been acquitted and in remaining all the cases it appears that applicant is on bail. 12. Further, entire criminal history of the applicant has been explained in paragraph no.3 of the supplementary affidavit. 13. Further, as far as merit of the present case is concerned, it appears during investigation, applicant has been made accused in the present matter through the statement of co-accused along with co-accused Delar Alias Dayanand Alias Kali and except the statement of the co-accused there is no other evidence against him on record and co-accused Delar Alias Dayanand Alias Kali has already been released on bail by this court and on facts case of applicant is at par with him. 14. Further, this court finds merits in the argument advanced by learned counsel for the applicant that, if otherwise case of bail is made out then ordinarily merely on the ground of criminal history bail application should not be withheld. 15. Further, applicant is in jail in the present matter since 29.03.2022 i.e. for almost three years. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Tekchand, 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. 14. 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. 15. 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 :- 23.1.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad