Neutral Citation No. - 2025:AHC:54999 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12175 of 2025 Applicant :- Anish Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Kuldeep Kumar, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 2. The instant application has been filed seeking release of the applicant on bail in S.C.No.1262 of 2024, Case Crime No. 197 of 2024, under Sections 147,148,302,307,504, 506 and 34 IPC, Police Station Lisadi Gate, District Meerut during pendency of the trial. 3. Learned counsel for the applicant submits that on the basis of general and omnibus allegation applicant has been made accused in the present along with six others and some unknown persons. 4. He further submits that actually it is a case in which from the side of applicant also one person sustained injuries, therefore, it appears to be a case of free fight and unfortunately from the side of informant one person died and five persons sustained injuries. 5. He further submits that after considering entire facts in detail co-accused Gaffar has been released on bail by this Court and his bail order has been annexed at page 81 of the paper book and as far as allegation of assault is concerned case of applicant is at par with him. 6. He further submits that however applicant is having criminal history of three other cases but his criminal history has been explained in the instant bail application. 7. He further submits that in the present matter applicant is in jail since 31.5.2024, i.e., for almost a year. 8. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 9. I have heard both the parties and perused the record of the case. 10. However, as per allegation due to assault made by applicant and six others, five persons sustained injuries and one person died but it reflects that only general role has been assigned to all the accused persons. 11. Further, record also suggests that from the side of applicant also one person sustained injuries. 12. Further, with a very detailed order co-accused Gaffar has already been released on bail and as far as the incident of alleged assault is concerned, case of applicant is at par with him. 13. Further, applicant is, however, having criminal history of three other cases but his criminal history has been explained in the instant bail application. 14. 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. 15. Further, in the present matter applicant is in jail since 31.5.2024, i.e.,for almost a year. 16. Therefore, considering the facts and circumstances of the present 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-Anish 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 :- 15.4.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad