HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9304 of 2023 Court No. - 87 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicant; 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, Anurag Rana @ Manoj Chaudhary, with a prayer to release him on bail in Case Crime No. 0529 of 2019, under Sections 420, 467, 468, 471, 384 I.P.C., Police Station Mawana, District- Meerut, during pendency of trial. 3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case due to civil suit pending before the Revenue Court. He further submitted that applicant has not committed any offence. As per First Information Report, it has been stated that Rs.18 lacs was taken by the accused-applicant on 30.11.2018 and F.I.R. was registered on 24.10.2019, i.e., approximately one year of the incident. He further submitted that there is no documentary/reliable evidence or receipt of payment of Rs.18 lacs from the informant. He further submitted that when Will was executed by the maternal-uncle of the informant Tarun Kumar Mangalik in favour of the accused-applicant Anurag Rana @ Manoj Chaudhary, the civil suit is pending before the revenue court regarding the mutation proceedings. He further submitted that against the accused applicant, Case Crime No.99 of 2023 has also been registered regarding the same dispute under Sections 420, 467, 468, 471, 120-B, 506 I.P.C. in which the accused-applicant Anurag Rana @ Manoj Chaudhary has already been Versus Counsel for Applicant(s) : Ashok Kumar Mishra, D.M.Tripathi, Dipendra Kumar, Om Prakash Mishra, Om Prakash Vishwakarma, Pradeep Kumar Rai, Rahul Tiwari, Suraj Mishra, Sushil Kumar Dubey Counsel for Opposite Party(s) : G.A., Vipin Kumar Anurag Rana@ Manoj Chaudhary .....Applicant(s) State of U.P. .....Opposite Party(s) enlarged on bail by the coordinate Bench of this Court vide order dated 13.05.2025 passed in Criminal Misc. Bail Application No.14624 of 2025 which is annexed with supplementary rejoinder affidavit. Learned counsel further submitted that co-accused namely, Pushpendra Kumar has already been enlarged on bail from the trial court. He has criminal history of five cases which have been explained in para 3 of the bail application and is languishing in jail since 28.08.2022. 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 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; keeping in view uncertainty regarding conclusion of trial; applicant being under-trial having fundamental right to speedy 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, BAIL No. 9304 of 2023 2 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 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. 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. September 12, 2025 A.N. Mishra BAIL No. 9304 of 2023 3 (Santosh Rai,J.) Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad