Neutral Citation No. - 2025:AHC:89347 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17010 of 2025 Applicant :- Vishnu @ Pawan Tiwari @ Pandit Opposite Party :- State of U.P. Counsel for Applicant :- Avinash Kumar,Manoj Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Pramod Kumar Singh, learned Advocate holding brief of Sri Manoj Kumar, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 164 of 2012, under Sections 396, 412 IPC, Police Station Bindki, District Fatehpur during pendency of the trial. 3. Learned counsel for the applicant submits, it is a case in which initially FIR of the present case was lodged under Section 406 IPC but subsequently case was converted under Section 396, 412 IPC and during investigation applicant has been made accused in the present matter. 4. He further submits, applicant has been made accused on the basis of statement of co-accused and however as per allegation from the possession of applicant and others the alleged looted Wheat, which was loaded on the tractor-trolley, was recovered but entire recovery is false and baseless. 5. He further submits, applicant is having criminal history of five other cases but his criminal history has been explained in the instant bail application. 6. He further submits, in the present matter applicant is in jail since 27.08.2012 i.e. for last more than twelve and half years, therefore, considering the long incarceration of more than a decade, applicant should be released on bail. 7. Per contra, learned AGA opposed the prayer for bail and submitted it is a case under Sections 396, 412 IPC and applicant is having criminal history of five other cases but could not dispute the fact that in the present matter applicant is in jail for last more than twelve and half years and till date trial of the case could not be concluded. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, applicant along with others committed the murder of the driver of tractor-trolley upon which Wheat was loaded and he is also having criminal history of five other cases but it reflects, applicant is in jail since August, 2012 i.e. for last more than twelve and half years. 10. Therefore, considering the facts and circumstances of the case particularly the long incarceration of the applicant of more than twelve and half years, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant - Vishnu @ Pawan Tiwari @ Pandit 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. 13. 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. 14. 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 :- 26.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad