Neutral Citation No. - 2025:AHC:88824 Reserved on 21.5.2025 Delivered on 26.5.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39499 of 2024 Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Som Veer Counsel for Opposite Party :- G.A.,Shyam Surat Shukla Hon'ble Siddharth,J. Heard Shri S.S. Shukla,learned counsel for the applicant and learned A.G.A for the State. This the third bail application of the applicant. Earlier bail applications were rejected by the coordinate Bench of this court but it has been released this case. Hence it has been listed before this court. Learned counsel for the applicant has submitted that before the trial court P.W1, P.W,2 and P.W,3 have been examined. Witnesses have not made clear allegations against the applicant. They have made allegations against co-accused ,Priyanshu. Applicant has been implicated because he was friend of Priyanshu. Recovery of planted knife has been shown from his possession. His name has surfaced in the confessional statement of co-accused, Priyanshu for the first time. Learned A.G.A. has vehemently opposed the bail application of the applicant. After hearing the rival contentions, this court finds that it is a case of circumstantial evidence. Applicant is already in jail since 14.4.2022 and has no previous criminal history. Trial has already begun,therefore ,there is no possibility of tampering the prosecution case. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties noted above, finding force in the submissions made by the learned counsel for the applicant, larger mandate of the Article 21 of the Constitution of India, recent judgment dated 11.07.2022 of the Apex Court in the case of Manish Sisodia vs. Directorate of Enforcement, 2024 LawSuit (SC) 677. and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant,Akash , involved in Case Crime No. 126 of 2022 , under Section-364-A,302,201,34 IPC, Police Station- Khoda, District- Ghaziabad, 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 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 of the Indian Penal Code. (iv) In case the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails 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 of the Indian Penal Code. (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. 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. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 26.5.2025 Atul kr. sri. Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad