An accused with a criminal history may be granted bail if they have been incarcerated for a long period, have been acquitted in some cases, and are on bail in others, especially when the allegation against them is not of a serious nature.

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Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54566

of 2022

Applicant :- Bachchhraj Pasi

Opposite Party :- State of U.P.

Counsel for Applicant :- Ramesh Kumar Mishra

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

Heard Sri Ramesh Kumar Mishra, learned counsel for the

applicant and Sri Ravi Kant Kushwaha, learned AGA for the

State-respondent.

The instant application has been filed seeking release of the

applicant on bail in Case Crime No. 71 of 2020, under Sections

3/25 Arms Act, Police Station Dhata, District Fatehpur, during

pendency of the trial in the court below.

According to the FIR, applicant opened fire upon police and

from his possession one country-made pistol alongwith a live

cartridge were recovered.

Learned counsel for the applicant submitted that applicant has

falsely been implicated in the present matter and he neither

opened any fire upon police nor any country-made pistol and

cartridge were recovered from his possession. He further

submitted that applicant in the present matter is in jail since

17.4.2020. He further submitted that applicant has been made

accused in as many as 19 other cases, out of which, 5 cases

were of Goonda Act & section 110 Cr.P.C. and in 6 cases, he

has already been acquitted and in rest cases, he is on bail,

therefore, considering the nature of allegation and period of

incarceration in jail, applicant may be released on bail.

Per contra, learned AGA opposed the prayer for bail but could

not dispute the fact that only allegation against the applicant is

that from his possession, one country made pistol and a live

cartridge were recovered and in the present matter, he is in jail

since 17.4.2020 and in all the 19 cases in which he was wanted

he is either on bail or he has already been acquitted.

I have heard learned counsel for the parties and perused the

record of the case.

The present matter relates to Section 3/25 Arms Act and

applicant is in jail since 17.4.2020. Although applicant is having

criminal history of 19 cases but considering the long

incarceration of the applicant in the present matter and the fact

that out of 19 cases in 6 cases, he has already been acquitted

and 5 cases belongs to section 110 Cr.P.C. and Gonda Act and

in rest of the cases, applicant is on bail, this Court is of the view

that it is a fit case to release the applicant on bail.

In the light of discussions made above, without expressing any

opinion on the merits of the case, the instant bail application is

allowed.

Let the applicant-Bachchhraj Pasi 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.

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.

Order Date :- 10.1.2023

Ankita

Digitally signed by :-

ANKITA SRIVASTAVA

High Court of Judicature at Allahabad