Neutral Citation No. - 2025:AHC:81730 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15547 of 2025 Applicant :- Nadeem Boti Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akshay Upadhyay,Khwaja Shamshad Ahmad Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the applicant and learned AGA for the State-respondent. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 43 of 2022, under Sections 147, 148, 149, 153, 307, 323, 332, 333, , 353, 341, 336, 504, 506, 34, 427, 120-B, 153(A), 109, 327 IPC & 7 Criminal Law Amendment Act & Section 3/4 Prevention of Damages to Public Property Act, Police Station- Bekanganj, District- Kanpur Nagar, during pendency of the trial in the court below. FIR of the present case was lodged on 04.06.2022 at the instance of one Mukesh against thousands of unknown persons, and according to FIR, on 03.06.2022 thousands of persons, who belonged to Muslim community, attacked through bombs, stones etc. and they were shouting to kill the Hindus. It is further mentioned in the FIR that in the incident, number of persons sustained serious injuries. Learned counsel for the applicant submitted that nobody was named in the FIR; name of the applicant surfaced during investigation when the statement of witnesses were recorded; no specific role has been assigned to the applicant in the offence; he has been chargesheeted alongwith 48 other accused persons after investigation; no custodial interrogation is required. Co-accused Mohd. Tauhid @ Shera, Mohd. Azad @ Mohd. Riyaz, Saud Kalia, Ajajuddin @ Sablu have already been released by the co-ordinate Bench of this Court; copies of bail orders are filed as annexure-4 to the affidavit. The applicant has explained criminal history of 05 cases in the supplementary affidavit. He is in jail since 8.6.2022. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. I have heard learned counsel for the parties and perused the record of the case. From the record, it reflects that FIR of the present case was lodged against thousands of unknown persons and it appears that when the statement of the informant was recorded during investigation then he disclosed the name of the applicant and only general and omnibus allegations have been levelled against him along with others and number of other accused persons have already been released on bail. However, as per allegation, in the incident some persons also sustained injuries but it appears that they sustained injuries due to stones pelting and there is no cogent evidence on record, which can show that applicant participated in the incident. Further, however, apart from the present case, applicant is having criminal history of 5 other cases but his criminal history has been explained in the instant bail application and possibility cannot be ruled out that due to previous criminal history, he has been made accused in the present matter. Further, 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. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. Let the applicant- Nadeem Boti 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. 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. 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 :- 16.5.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad