Neutral Citation No. - 2025:AHC-LKO:18242 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2735 of 2025 Applicant :- Harvinder Singh @ Jugnu Walia Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Riyaz Ahmad,Hemant Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and perusal of record. 2. This first bail application has been filed with regard to Crime No.146 of 2019, under Section 2/3 U. P. Gangster and Anti-Social Activities (Prevention) Act, P.S.- Alambagh, District Lucknow. 3. It is submitted that in the aforesaid Case Crime No.146 of 2019, applicant had earlier been enlarged on bail by this Court in Bail Application No.10345 of 2019 and thereafter participated in trial proceedings but was unable to appear before trial court on 05.08.2022 requiring him to file an adjournment/exemption application which was rejected on the same day while issuing non bailable warrant against applicant. In pursuance thereof, applicant is under incarceration since 09.10.2023. It is submitted that out of about 15 prosecution witnesses, only two witnesses have been examined till date. It is submitted that applicant undertakes to appear before trial court on each date fixed and shall cooperate in trial proceeding. Previous criminal history has already been explained in paragraph 16 of the supplementary affidavit. 4. Learned A.G.A. has opposed the prayer for bail but does not dispute the aforesaid facts. 5. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :- "21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty." "27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution." 6. Considering submissions advanced by learned counsel for parties and upon perusal of material available on record, prima facie, and subject to further evidence being led in trial, it appears that earlier applicant had already been enlarged on bail by this Court as indicated herein above but he is under incarceration due to non-bailable warrant being issued. It is also evident that non bailable warrant was issued on an application for exemption filed by applicant on 05.08.2022 and is therefore under incarceration since 09.10.2023. Status of trial as submitted by learned counsel for applicant indicates that it is at the very inception. In view of undertaking given by applicant to appear before trial court on each date fixed and shall cooperate in trial proceeding and therefore conditions indicated in Section 19(4) U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 stand complied with at this stage, therefore the applicant is entitled to be released on bail in this case. 7. Accordingly bail application is allowed. 8. Let applicant Harvinder Singh @ Jugnu Walia involved in the aforesaid case 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 which are being imposed in the interest of justice:- (i) 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. (ii) The applicant 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 269 of Bharatiya Nayay Sanhita, 2023 (BNS). (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of Bharatiya Nayay Sanhita, 2023 (BNS) 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 209 of Bharatiya Nayay Sanhita, 2023 (BNS). (iv) 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 351 of Bharatiya Nayay Sanhita, 2023 (BNS). 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. Order Date :- 2.4.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench