Neutral Citation No. - 2025:AHC:74515 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12623 of 2025 Applicant :- Harendra Kumar Masih Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar,Arvind Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Kamal Krishna, learned Senior Counsel assisted by Shri Arvind Srivastava, learned counsel for the applicant and Shri Manav Chaurasiya, learned AGA for the State-respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.0157 of 2024, under Sections 61(2), 74, 111(2)(b), 111(3), 127(2), 191(2), 238(b), 308(5), 310(2), 317(3), 324(4), 329(3), 351(2), 352, 3(5) B.N.S., 2023, Police Station Kotwali, District Kanpur Nagar during pendency of the trial. 3. Learned Senior Counsel appearing on behalf of the applicant submits that on the basis of false allegation, applicant has been made accused in the present matter alongwith several others including Sandeep Shukla Alias Bauwan, Jitesh Jha, Avnish Dixit, Vivek Kumar Pandey Alias Sonu Pandy and Ali Abbas and after considering the entire facts of the case, with a very detailed and reasoned order, all the above named accused persons have been released on bail by this Court vide order dated 19.03.2025 and their bail order has been annexed as Annexure No.9 to the affidavit filed in support of the instant bail application and on facts, case of applicant is at par with them. 4. He further submits that however, apart from the present case, applicant is having criminal history of thirteen other cases but his entire criminal history has been duly explained in para 23 of the affidavit filed in support of the instant bail application. He further submits, out of thirteen cases, in six cases final report has been submitted and in two cases, he is on anticipatory bail and in one case even his arrest has been stayed. He further submits, in one case, name of the applicant has been dropped during investigation. 5. He further submits that applicant is in jail in the present matter since 28.10.2024 i.e. for last more than six months. 6. Per contra, learned AGA 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 learned counsel for both the parties and perused the record of the case. 8. However, applicant has been named in the FIR alongwith several others including co-accused Sandeep Shukla Alias Bauwan, Jitesh Jha, Avnish Dixit, Vivek Kumar Pandey Alias Sonu Pandy and Ali Abbas but with a very detailed and reasoned order, all the above named co-accused have been released on bail by this Court. 9. Further, however, apart from the present case, applicant is having criminal history of thirteen other cases but his entire criminal history has been duly explained in para 23 of the affidavit filed in support of the instant bail application and it reflects, in number of cases final report has been submitted. Further, in some cases, either applicant is on anticipatory bail or proceedings against him has been dropped. 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 28.10.2024 i.e. for last more than six months. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Harendra Kumar Masih, 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 :- 7.5.2025/Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad