HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35051 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Ms. Shweta Nishad, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.218 of 2025, under Sections 115(2), 191(2), 191(3), 117(2), 61(2), 103(1) B.N.S., Police Station- Rudrapur, District-Deoria, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The applicant is not named in the FIR. The name of the applicant was found missing even in the statement of informant recorded under Section 180 B.N.S.S. Subsequently, the statement of the injured person who succumbed to the injuries sustained was also recorded who has also not nominated the applicant, as such, it is a clear cut case of false implication. 5. Learned counsel for the applicant further stated that two videos of the deceased person were circulated in the social media whereby the name of the applicant has come up for the first time. The said video cannot be taken into consideration as there is no certificate under the provision of Section 63 of Bhartiya Shakshya Adhiniyam. The said video can be morphed or may be prepared using AI. There is no criminal history of the applicant. The applicant is languishing in jail since 25.07.2025 and he is ready to cooperate Versus Counsel for Applicant(s) : Shweta Nishad Counsel for Opposite Party(s) : G.A. Musafir Nishad .....Applicant(s) State of U.P. .....Opposite Party(s) with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 7. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception. 8. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because the person is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been recapitulated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and Ors., 2022 INSC 690. 9. Reiterating the aforesaid view the Supreme Court in the case of Manish Sisodia Vs. Directorate of Enforcement 2024 INSC 595 has again emphasised that the very well-settled principle of law that bail is not to be withheld as a punishment is not to be forgotten. It is high time that the Courts should recognize the principle that "bail is a rule and jail is an exception". 10. Learned AGA could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant. 11. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA. 12. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and BAIL No. 35051 of 2025 2 taking into consideration the fact that applicant is neither named in the FIR nor his name was mentioned in the statement of the deceased/injured person recorded under Section 180 B.N.S.S. and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 13. Let the applicant-Musafir Nishad, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 14. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 15. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 13, 2025 Karan BAIL No. 35051 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad