HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 5120 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. None appeared on behalf of the informant even in the revised call. 2. Heard Sri Aditya Singh, learned counsel for the applicant and Sri S.B. Singh, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.208 of 2024, under Sections 309(4), 317(2) BNS, Police Station Achhalda, District Auraiya, during pendency of the trial. 4. Learned counsel for the applicant submits, FIR of the present case was lodged against three unknown persons with regard to robbery and during investigation through the statement of co-accused applicant has been made accused in the present matter. 5. He next submits, except the statement of co-accused there is no evidence against the applicant. 6. He next submits, actually, applicant was having previous criminal history of 28 other cases therefore, in this case also police implicated him during investigation. 7. He next submits, entire criminal history of the applicant has been explained and it appears, majority of the cases were up to the year 2015 and in all the cases applicant is on bail. Versus Counsel for Applicant(s) : Aditya Singh Counsel for Opposite Party(s) : G.A., Reetika Sonu Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) 8. He further submits, considering the facts of the case, it is not proper to withhold the instant bail application of the applicant merely on the basis of his criminal history. 9. He further argued, even in the present matter applicant is in jail since 29.10.2024 i.e. for last more than one and half year. 10. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation, applicant involved in the alleged offence of robbery but it appears, he was made accused in the present matter on the basis of confessional statement of co-accused recorded before the police and it appears, nothing incriminating could be recovered from his possession. 13. Further, however, apart from the present case applicant is having criminal history of 28 other cases but entire criminal history of the applicant has been explained and majority of the cases were up to the year 2015 and in all the cases applicant is on bail. Considering the criminal history of the applicant argument advanced by learned counsel for the applicant that during investigation due to the previous criminal history, application has been made accused in the present matter cannot be ruled out. 14. Further, this Court also finds merit in the argument advanced by learned counsel for the applicant that merely on the basis of criminal history of the applicant, it is not proper to withhold the bail application of the applicant. 15. Further, in the present matter applicant is in jail since October, 2024 i.e. for last more than one and half years. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. BAIL No. 5120 of 2026 2 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant - Sonu Yadav 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. 19. 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. 20. 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. May 5, 2026 S.A. BAIL No. 5120 of 2026 3 (Sameer Jain,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad