Neutral Citation No. - 2025:AHC:82943 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15544 of 2025 Applicant :- Shailesh Opposite Party :- State of U.P. Counsel for Applicant :- Devesh Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Devesh Kumar Sharma, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.730 of 2023, under Section 302 IPC, Police Station Kotwali, District Mathura during pendency of the trial. 4. Learned counsel for the applicant submits that however as per allegation due to the assault made by applicant and co-accused Sarvesh brother of the informant died but entire allegation levelled against the applicant is totally false and this fact is even evident from the post mortem report of the deceased which suggests that he died due to cardiac arrest as a result of septicemia. 5. He further submits that even there is no eye witness account and it reflects that without any evidence due to previous enmity informant made allegation against the applicant and co-accused Sarvesh in the FIR. 6. He further submits that even co-accused Sarvesh has been released on bail by Coordinate Bench of this Court and his bail order has been annexed at page 89 of the paper book and on facts, case of applicant is at par with him. 7. He further submits that however, apart from the present case, applicant is having criminal history of eight other cases but his criminal history has been explained in the supplementary affidavit filed in the support of the instant bail application and majority of cases were of minor offences. 8. He further submits that applicant is in jail in the present matter since 25.11.2023, i.e., for almost one and half years. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 14. I have heard learned counsel for the parties and perused the record of the case. 15. However, as per allegation due to the assault made by applicant and co-accused Sarvesh brother of the informant died but it reflects that nobody could see the real incident. 16. Further, even post mortem report suggests that deceased died due to cardiac arrest as a result of septicemia. 17. Further, co-accused Sarvesh has already been released on bail by Coordinate Bench of this Court and on facts case of applicant is at par with him. 18. Further, however, apart from the present case applicant is having criminal history of eight other cases but his entire criminal history has been explained in the supplementary affidavit filed in support of the instant bail application and it appears, majority of the cases were of minor offences and in one case even final report has been submitted after investigation. 19. 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. 20. Further, in the present matter applicant is in jail since 25.11.2023, i..e, for almost one and half years. 21. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 22. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 23. Let the applicant-Shailesh 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. 24. 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. 25. 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 :- 19.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad