Neutral Citation No. - 2025:AHC:21108 Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44612 of 2024 Applicant :- Dhanush Yadav Alias Gurga Alias Sanojit Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. The matter has been taken up through Video Conferencing. Supplementary affidavit filed today by the counsel for the applicant is taken on record. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 386 of 2024, under sections 147, 148, 149, 307, 327, 427, 504, 506, 394, 120B of IPC & Section 3/25 Arms Act, Police Station- Izzatnagar, District- Bareilly. The contention of learned counsel for the applicants is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant has also been shown to be involved in Case Crime No. 384 of 2024, though he was not named in the same. He added that for the same incident, the present first information report has been lodged as Case Crime No. 0386 of 2024 wherein, one person from one of the group has named the present applicant though, there is no evidence against him. He submits that apart from this case, applicant has criminal history of eight cases which have been explained properly. He submits that the identically situated co-accused persons namely, Hariom Singh and Radhe Shyam have already been enlarged on bail in Criminal Misc. Application No. 34350 of 2024 vide order dated 17.09.2024 and he is seeking party of the aforesaid order. He further submits applicant is languishing in jail since 30.6.2024. In case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid, but he could not dispute the fact that the identically situated co-accused persons have already been enlarged on bail. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicants are languishing in jail since 30.6.2024; identically situated co- accused persons have already been enlarged on bail; criminal history has been satisfactorily explained coupled with the fact that he has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant- Dhanush Yadav @ Gurga @ Sanojit involved in the aforementioned 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) 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.; and (4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 13.2.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad