Neutral Citation No. - 2025:AHC:61313 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1430 of 2025 Applicant :- Avid Ali Alias Abid Ali Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Johri Counsel for Opposite Party :- G.A.,Mohd Faiz Hon'ble Ashutosh Srivastava,J. Heard Shri Kuldeep Johri, learned counsel for the applicant, Mohd. Faiz, learned counsel for the first informant and Shri Yagyavalka Pandey, learned A.G.A. for the State and perused the entire material available on record. This is a second bail application filed by the applicant. The first bail application filed by the present applicant was rejected by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 32572 of 2024, vide order dated 26.09.2024. The applicant- Avid Ali @ Abid Ali, has filed this second bail application with a prayer to enlarge him on bail in Crime No. 27 of 2024, under Sections-147, 148, 307, 504 I.P.C., Police Station C.B. Ganj, District Bareilly, during the pendency of the trial. In support of this second bail application, learned counsel for the applicant has reiterated the entire submissions made in the first bail application, which are not necessary to mention herein again by this Court. Present second bail application has been filed on behalf of the applicant, with a prayer to release the applicant on bail in aforesaid case crime number, on the additional grounds that the applicant is 67 years of age and he has been suffering from several old age ailments, charge sheet has been filed in the present case on 04.10.2024, the case before the trial Court is at the stage of evidence but till date no witness has been examined and there is no possibility of completion of trial in near future and the applicant is languishing in jail since more than six months as he is in jail since 07.07.2024. Learned counsel for the first informant as well as learned A.G.A. have opposed the bail application by submitting that the applicant is named in the First Information Report. Babar Ali, eye witness, of the incident has specifically assigned the role of firing to the applicant. He further submits that the applicant is a habitual offender which is clear from the criminal history of 22 cases (31 cases shown in the rejection order passed by the Court below) and some of which are under section 307 I.P.C. They further submit that although the applicant has been granted bail in some of the cases but there is a great danger of law and order in the society if the applicant is being enlarged on bail. I have heard learned counsel for the parties and perused the record. Along with the present case, other FIRs have been registered against the applicant and as such inference can be drawn against the applicant that he is a habitual offender and is involved in heinous crimes. The totality of circumstances and the gravity of offence mentioned in the said FIRs go against the applicant. Thus, there is no reasonable ground for this Court to believe that the applicant is not a guilty of such offences and applicant is not likely to commit any offence in future while on bail. Considering the submissions of learned counsel for the parties, nature of allegations, gravity of offence and all attending facts and circumstances of the case, the Court is of the opinion that it is not a fit case for bail. Hence, bail second bail application of the applicant is hereby rejected. It is made clear that observation made hereinabove are limited to the facts brought in by the learned counsel for the parties pertaining to the disposal of the bail application and the aforesaid observations shall have no bearing on the merits of the case during trial. Order Date :- 1.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad