HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33504 of 2025 Court No. - 70 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicant; Sri Ganesh Mani, learned counsel for the informant and learned AGA for the State and perused the material placed on record. 2. The instant bail application has been filed on behalf of the applicant Pankaj Kumar with a prayer to release him on bail in Case Crime No.674 of 2025, under Sections 109(1), 115 (2), 191(2), 351(3), 352, 333 B.N.S., Police Station Khurja, District Bulandshahr, during pendency of trial. 3. Learned counsel for the applicant has submitted that in the first information report nine persons including the applicant are named. No specific or separate role has been assigned to the applicant in the first information report. Common role has been assigned to all the accused persons. In the statement of the injured three persons are said to be injured but no any kind of injury was caused. The applicant's side also lodged F.I.R. against the informant regarding the same incident as Case Crime No.758 of 2025 registered at belated stage on 22.08.2025. In the incident mother and brother of the applicant also sustained injuries. Thus, there is cross case. The applicant has no criminal history to his credit and is languishing in jail since 18.08.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that so called stick (danda) was recovered from the possession of the applicant but no any kind of grievous or fracture injury on the vital Versus Counsel for Applicant(s) : Pramod Kumar Singh Counsel for Opposite Party(s) : G.A., Ganesh Mani, Som Nath Pandey Pankaj Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) part of the body was said to be caused. He further contended that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 5. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; period of detention in jail, keeping in view uncertainty regarding conclusion of trial; larger mandate of the Article 21 of the Constitution of India, bail application is allowed. 6. Considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 with the following conditions that :- (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A I.P.C./269 B.N.S. (iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C./84 B.N.S.S. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A I.P.C./209. B.N.S. BAIL No. 33504 of 2025 2 (v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 10, 2025 Asha BAIL No. 33504 of 2025 3 (Santosh Rai,J.) Digitally signed by :- ASHA High Court of Judicature at Allahabad