Neutral Citation No. - 2025:AHC:17593 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14188 of 2024 Applicant :- Nishant Nagar Opposite Party :- State of U.P. Counsel for Applicant :- Amar Nath Singh,Ashish Gupta,Ram Prakash Sharma,Yogendra Pal Singh Counsel for Opposite Party :- G.A.,R.S. Maurya Hon'ble Sameer Jain,J. 1. Heard Sri Vishnu Bihari Tiwari, learned counsel assisted by Sri Ashish Gupta, learned counsel for the applicant, Sri R.S. Maurya, learned counsel for the informant and Sri Rajeev Dhar Dwivedi, learned A.G.A. for the State-respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 149 of 2024, under Sections 307/34 IPC, Police Station Kankerkhera, District Meerut, during pendency of the trial. 3. Learned counsel for the applicant submits FIR of the present case was lodged against unknown person but during investigation when the statement of injured was recorded then he stated that applicant and co-accused Harsh Chaudhary caused firm arm injury to him and however after considering the entire fact of the case bail application of Harsh Chaudhary was dismissed by this Court but when he challenged the order passed by this Court before Honb'le Apex Court in S.L.P. [Crl] No.15939 of 2024 then Hon'ble Apex Court enlarged him on bail vide order dated 20.01.2025 after considering the period of incarceration. 4. He further submits the case of applicant is exactly at par with co-accused Harsh Chaudhary as far as merit of the case is concerned and he is also in jail since 04.03.2024 i.e. for last almost one year. 5. He further submits however, apart from the present case applicant is having criminal history of six other cases but his entire criminal history has been explained in the supplementary affidavit filed in support of the instant bail application. 6. It is next submitted, law is settled that if otherwise case of bail is made out then ordinarily merely on the basis of criminal antecedents of an accused his bail application should not be withheld. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that apart from the present case applicant is having criminal history of six other cases but could not dispute the fact that co-accused Harsh Chaudhary has already been released on bail by Hon'ble Apex Court and case of applicant is at par with him. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per the statement of the injured applicant and co- accused Harsh Chaudhary caused fire-arm injury to him and after considering this fact bail application of Harsh Chaudhary was dismissed by this Court but it appears, he has been released on bail by the Hon'ble Apex Court vide order dated 20.01.2025 and on facts the case of applicant is at par with him. 10. Further, however apart from the present case applicant is having criminal history of six other cases but his entire criminal history has been explained in the supplementary affidavit filed in support of the instant bail application. 11. Further, the argument advanced by learned counsel for the applicant that if otherwise case of bail is made out then ordinarily merely on the basis of criminal history bail application of an accused should not be withheld, cannot be brushed aside. 12. Further, applicant is in jail in the present matter since 04.03.2024 i.e. for almost one year. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant -Nishant Nagar 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. 16. 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. 17. 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 :- 6.2.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad