Neutral Citation No. - 2025:AHC:24549 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31419 of 2024 Applicant :- Nirdosh Rajput Opposite Party :- State of U.P. Counsel for Applicant :- Kamal Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Kamal Singh, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 11 of 2024, under Sections 398, 401, 307, 411 IPC and Section 3/25/27 Arms Act, Police Station Dakor, District Jalaun during pendency of the trial. 3. Learned counsel for the applicant submits, on the basis of false allegation, applicant has been made accused in the present matter along with co-accused Sulkhe Varma and co-accused Sulkhe Varma has been released on bail by this Court and his bail order has been annexed as Annexure-3 to the affidavit filed in support of instant bail application and on facts, case of applicant is at par with him. He further submits, it is police party no injury case. 4. He further submits, apart from the present case applicant is having criminal history of eight other cases and only due to his previous criminal history, police implicated him in the present matter. 5. He further submits, in the present matter applicant is in jail since 05.02.2024 i.e. for last more than a year. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. From the record, it reflects, as per allegation applicant and several others including co-accused Sulkhe Varma opened fire upon police party but admittedly none police personnel sustained injury. 9. Record further suggests that co-accused Sulkhe Varma has been released on bail by this Court and on facts case of applicant is at par with him. 10. Further, however, apart from the present case applicant is having criminal history of eight other cases but considering his criminal history, the argument advanced by learned counsel for the applicant that only due to his previous criminal history, police implicated him in the present matter, cannot be ruled out at this stage. 11. Further, law is settled that if otherwise case of bail is made out then ordinarily 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 05.02.2024 i.e. for last more than a year. 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 - Nirdosh Rajput 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 :- 19.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad