Neutral Citation No. - 2025:AHC:13516 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1629 of 2025 Applicant :- Arbaz Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Shankar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Yogesh Kumar Tiwari, learned Advocate holding brief of Sri Ravi Shankar Yadav, learned counsel for the applicant and Sri Manoj Kumar Singh, learned Brief Holder for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 137 of 2024, under Sections 109(1), 351(3), 352, 3(5) B.N.S. and Section 3/25 Arms Act, Police Station Reuna, District Kanpur Nagar during pendency of the trial. 3. FIR of the present case was lodged against applicant and others and according to the FIR applicant and other accused persons started abusing the husband of the informant and thereafter co- accused Umar opened fire upon her but anyhow she escaped. 4. Learned counsel for the applicant submitted that on the basis of false allegation applicant has been made accused in the present matter and admittedly it is a case of no injury. 5. He further submits, however, apart from the present case applicant is having criminal history of seven other cases but his entire criminal history has been explained in the instant bail application. 6. He further submits, law is by far now settled that if otherwise case of bail is made out then merely on the basis of criminal history, bail application of an accused should not be withheld. 7. He further submits, in the present matter applicant is in jail since 05.10.2024. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, apart from the present case applicant is having criminal history of seven other cases but his entire criminal history has been duly explained in the instant bail application. Further, as far as merit of the case is concerned, admittedly it is no injury case. 11. Further, law is settled that if otherwise case of bail is made out then merely on the basis of criminal history, bail application of an accused should not be withheld. 12. Further, in the present matter applicant is in jail since 05.10.2024. 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 - Arbaz 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 :- 27.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad