HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24600 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Heard Sri Sharad Srivastava, Advocate holding brief of Sri Durga Charan Singh Yadav, learned counsel for the applicant, Sri Ghanshyam Mishra, learned Brief Holder for the State-respondent and Sri Amarendra Nath Rai, learned counsel for the informant. 2. The instant second bail application has been filed seeking release of the applicant on bail in Case Crime No.402 of 2023, under Sections 419, 420, 467, 468, 471 IPC, Police Station Sidhari, District Azamgarh, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that however, technically this is the second bail application filed on behalf of the applicant but his first bail application has not been dismissed on merit and the same was dismissed as not pressed on 29th July, 2024. 4. He further submits that as far as merit of the present case is concerned, however, as per allegation, applicant by playing fraud received Rs.14,00,000/- from the informant but entire allegations levelled against the applicant are totally false. 5. He next submits that even from perusal of the FIR, it reflects, the allegations are vague and informant gave entire Rs.14,00,000/- cash, which is highly improbable. 6. He further submits that all the alleged offenses are triable by Magistrate and applicant is detained in jail in the present matter since 15th October, Versus Counsel for Applicant(s) : Durga Charan Singh Yadav Counsel for Opposite Party(s) : Amrendra Nath Rai, G.A., Nidhi Rai, Yugul Kishore Narayan Ziaul Islam Siddiqui .....Applicant(s) State of U.P. .....Opposite Party(s) 2023 i.e. for last almost two years. 7. He further submits that however, apart from the present case applicant is also having criminal history of one another case relates to offence under Section 406 I.P.C. but his criminal history has been disclosed in the instant second bail application and trial of that case is pending. 8. He further submits that therefore, considering the above facts, applicant may be enlarged on bail. 9. Per contra; learned A.G.A. as well as learned counsel for the informant however opposed the prayer for bail but could not dispute the arguments on facts advanced by leaned counsel for the applicant. 10. I have heard both the parties and perused the record the case. 11. However, it appears, this is the second bail application filed on behalf of the applicant but his first bail application has not been dismissed on merit and the same has been dismissed as withdrawn. 12. Further, as far as merit of the present case is concerned, as per allegations, applicant by playing fraud received Rs.14,00,000/- from the informant but after perusing the FIR of the case, it reflects that entire money allegedly received by the applicant in cash. Considering this fact, the argument advanced by learned counsel for the applicant, cannot be ruled out at this stage. 13. Further, all the alleged offenses are triable by Magistrate and applicant is detained in jail in the present matter for last almost two years. 14. Further, however, apart from the present case applicant is having criminal history of one another case and trial of that case is pending but law is settled, 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. 15. The Apex Court in case of Ayub Khan Vs. State of Rajasthan 2024 SCC OnLine SC 3763 categorically observed that if Court is inclined to release an accused on bail after considering his incarceration then his criminal history is irrelevant. 16. Further, law is settled, unless proven guilty an accused is deemed to be BAIL No. 24600 of 2025 2 innocent and his bail application should not be dismissed either for preventive or for punitive purpose. 17. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant - Ziaul Islam Siddiqui 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. 20. 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. 21. 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. September 23, 2025 Zafar BAIL No. 24600 of 2025 3 (Sameer Jain,J.) Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad