HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37375 of 2024 Court No. - 70 HON'BLE SANTOSH RAI, J. 1. This is second bail application of the applicant. First bail application was rejected by Hon.Mrs.Sadhna Rani (Thakur) (Retired) vide order dated 09.05.2025 passed in Criminal Misc. Bail Application no.32030 of 2023. 2. Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record. 3. The instant bail application has been filed on behalf of the applicant Himanshu with a prayer to release him on bail in Case Crime No.87 of 2023, under Sections 452, 342, 393 and 307 IPC, Police Station Gangoh, District Saharanpur, during pendency of trial. 4. Learned counsel for the applicant has submitted that the applicant has not committed any offence as alleged in the F.I.R. He has been falsely implicated in this case due to ulterior motive. He further submitted that accused-applicnt is in judicial custody since 14.04.2023 and the prosecution witnesses P.W.1, P.W.2, P.W.3 and P.W.4 have already been examined before the trial court. He was cooperating with the trial proceedings. He further submitted that injured has also examined as P.W.4. She was declared hostile. She has given statement in her examination in chief that she has been thrown from the roof by the miscreants, therefore, she become unconscious and she could not identify the miscreants at the time of committing offence. The victim has not specified the role/involvement of the applicant regarding committing of offence of attempt to murder. Further witnesses P.W.1, P.W.2 Versus Counsel for Applicant(s) : Ajay Kumar Jagdish, Braham Vishal Nayak, Sr. Advocate Counsel for Opposite Party(s) : G.A. Himanshu .....Applicant(s) State of U.P. .....Opposite Party(s) and P.W.3 have also declared hostile. They did not support the prosecution version. The trial proceedings is going on. Learned A.G.A. also admitted the fact that most of fact witnesses have already been examined in this case. No any witness supported the prosecution witness as alleged in the first information. The fact witnesses including the injured witness has already been examined. The applicant has criminal history of two cases which have been explained in para-22 of the bail application and he is languishing in jail since 14.04.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending 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. 6. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; status of the trial, statement of the prosecution witnesses before the trial court, 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. 7. 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 BAIL No. 37375 of 2024 2 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. (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. 8. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 8, 2025 Asha BAIL No. 37375 of 2024 3 (Santosh Rai,J.) Digitally signed by :- ASHA High Court of Judicature at Allahabad