Neutral Citation No. - 2025:AHC:26451 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36333 of 2024 Applicant :- Vijay Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Syed Fahim Ahmed,Vivek Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Vivek Singh, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned A.G.A. for the State-respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.70 of 2024, under Sections 323, 504, 506, 467, 468, 471, 342, 420, 406 and 120-B IPC, Police Station Phase-2, Noida, District Gautam Buddha Nagar, during pendency of the trial. 3. Learned counsel for the applicant submits, on the basis of false allegation of fraud and cheating applicant has been made accused in the present matter along with others including co-accused Sanjeev Tomar and after considering entire facts in detail co- accused Sanjeev Tomar has already been released on bail by this court vide order dated 21.11.2024 passed in Criminal Misc. Bail Application No.42596 of 2024 and on facts case of applicant is at par with him. 4. He further submits, however, apart from the present case applicant is having criminal history of two other cases but his entire criminal history has been explained in the instant bail application. 5. He further submits, all the alleged offences are triable by Magistrate and in the present matter, applicant is in jail since 13.06.2024 i.e. for last more than eight months. 6. Per contra, learned AGA opposed the prayer for bail and submits, apart from the present case actually applicant is having criminal history of five other cases and he explained the criminal history of only three cases and remaining two cases also belong to the provisions of fraud and cheating and therefore, applicant used to commit the offences of fraud and cheating but he could not dispute the fact that co-accused Sanjeev Tomar has already been released on bail by this court and on facts case of applicant is at par with him. 7. Learned A.G.A. further could not dispute the fact that all the alleged offences are triable by Magistrate and in the present matter and applicant is in jail for last more than eight months. 8. I have heard learned counsel for the parties and perused the record of the case. 9. As per allegation applicant along with others including co- accused Sanjeev Tomar committed fraud and cheating but co- accused Sanjeev Tomar has already 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 it appears applicant is having criminal history of five other cases and he explained the criminal history of only three cases in the instant bail application but law is settled that if otherwise case of bail is made out then ordinarily merely on the basis of criminal antecedents of an accused his bail application should not be withheld. 11. Further, all the alleged offences are triable by Magistrate and in the present matter, applicant is in jail since 13.06.2024 i.e. for last more than eight months. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant -Vijay Sharma 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. 14. 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. 15. 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 :- 24.2.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad