Neutral Citation No. - 2025:AHC:13822 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1569 of 2025 Applicant :- Rishabh Jaiswal Opposite Party :- State of U.P. Counsel for Applicant :- Nigamendra Shukla,Om Prakash Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Nigamendra Shukla, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 412 of 2022, under Sections 147, 504, 506, 307 IPC and 3/4 Explosive Act, Police Station Dhoomanganj, District Prayagraj, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however technically this is second bail application filed on behalf of the applicant but his first bail application has not been dismissed on merit and it was dismissed by Hon'ble Mayank Kumar Jain, J. for want of prosecution. 4. He further submitted that however, as per allegation applicant hurled bomb due to which maternal uncle of the informant sustained injuries on his abdomen but entire allegation is totally false. 5. He further submitted that from the injury report which has been annexed as page No. 54 of the paper book it reflects that injured sustained one incised wound and according to the doctor he sustained injury from a sharp and hard object, therefore, from the medical report, it could not be reflected that he sustained bomb injury. 6. He further submits, however, applicant is having criminal history of eight other cases but his criminal history has been explained in the para 39 of the affidavit filed in support to the instant bail application and it appears, in majority of cases, police implicated him. 7. He further submitted that in the present matter, applicant is in jail in since 16.7.2022 i.e. for last more than two and half years. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments 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, this is second bail application filed on behalf of the applicant but his first bail application has not been dismissed on merit and it appears, first bail application of the applicant was dismissed by Hon'ble Mayank Kumar Jain, J. for want of prosecution and as His Lordship has already demitted the office, therefore, the instant bail application has been listed today before this Bench as assigned case. 11. However as per allegation applicant hurled bomb due to which maternal uncle of the informant sustained injuries on his abdomen but from perusal of the medical report of the injured it reflects that he sustained incised wound and as per opinion of the doctor, his injury was caused by sharp and hard object and considering this fact, argument advanced by learned counsel for the applicant that from the record, it could not be reflected that injured sustained any bomb injury, could not be ruled out, at this stage. 12. Further apart from the present case, applicant is, however, having criminal history of eight other cases but his criminal history has been explained in para-39 of the affidavit filed in support to the instant bail application. 13. Further, in the present matter, applicant is in jail since July, 2022 i.e. for last two and half years. 14. Further law is settled that if otherwise case of bail is made out then merely on the basis of criminal antecedents, bail application of an accused should not be withheld. 15. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant-Rishabh Jaiswal, 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. 18. 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. 19. 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 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad