Neutral Citation No. - 2025:AHC:10350 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34968 of 2024 Applicant :- Nadeem Alias Lukka Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Babu Vaish Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 190 of 2024, under Sections 307, 414, 34 I.P.C., Police Station- Gulaothi, District- Bulandshahr, during pendency of the trial. 3. Counsel for the applicant contends that the applicant was not arrested at the spot and has been falsely implicated in the instant case. The name of the applicant was disclosed by the co-accused Afzal and Arman, who were arrested at the spot. The said statements, insofar as they implicate the applicant, are unreliable. No recovery of incriminating article was made from the applicant. Further, it is a case of firing on the police party. No police personnel has received any injury. The criminal history of the applicant has been explained in para 3 of the supplementary affidavit. The applicant is in jail since 09.08.2024. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail. He submits that the applicant has criminal antecedents. 5. After hearing the rival contentions, this Court prima facie finds that the applicant was not arrested at the spot. The name of the applicant was disclosed by the co-accused Afzal and Arman, who were arrested at the spot. No recovery of incriminating article was made from the applicant. No police personnel received any injury. 6. In so far as criminal antecedents of the applicant is concerned, it is not the case of the State that applicant might tamper with or otherwise adversely influence the investigation, or that he might intimidate witnesses before or during the trial. The State has also not placed any material that applicant in past attempted to evade the process of law. In the opinion of this Court, if the accused is otherwise found to be entitled to bail, he cannot be denied bail only on the ground of criminal history, no exceptional circumstances on the basis of criminal antecedents have been shown to deny bail to accused, hence, the Court does not feel it proper to deny bail to the applicant just on the ground that he had criminal antecedent. 7. In Ash Mohammad Vs. Shiv Raj Singh, (2012) 9 SCC 446, the Apex Court in para 30 has observed:- "We may hasten to add that when we state that the accused is a history- sheeter we may not be understood to have said that a history-sheeter is never entitled to bail. But, it is a significant factor to be taken note of regard being had to the nature of crime in respect of which he has been booked." 8. In the case of Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648, the Hon'ble Supreme Court has observed that pendency of several criminal cases against an accused may itself cannot be a basis for refusal of bail. 9. Further, the applicant has remained confined for more than five months, there is no hope of early conclusion of trial and without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 10. Let the applicant- Nadeem Alias Lukka, involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy sureties (in view of criminal history) each in the like amount to the satisfaction of the court concerned subject to conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses; and (iv) shall appear on 15th of every month at the Police Station concerned. 11. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 21.1.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad