Neutral Citation No. - 2025:AHC:39118 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44108 of 2024 Applicant :- Sarfaraj Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashok Kumar Singh,Deepak Rana Counsel for Opposite Party :- G.A.,Pramod Kumar Singh,Pushpendra Vishvakarma Hon'ble Siddharth,J. Heard learned counsel for the applicant, Sri Pramod Kumar Singh, learned counsel for the informant as well as learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Sarfaraj with a prayer to release him on bail in Case Crime No.248 of 2024, under Sections 75, 78, 352, 351(3) of B.N.S. and Section 3(2)(va) of SC/ST Act and Section 7/8 POCSO Act, Police Station Dhaulana, District Hapur during pendency of trial. There are allegations against the applicant of stalking the victim on road and asking her to talk to her. Learned counsel for the applicant submits that it is a case of false implication of the applicant. He is resident of same locality as the informant and he has no previous criminal history and is in jail since 04.10.2024. He undertakes that he will not misuse liberty, if granted. Learned A.G.A. has vehemently opposed the submissions made by learned counsel for the applicant. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, 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 of the Indian Penal Code. (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. 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 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. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 18.3.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad