Neutral Citation No. - 2025:AHC-LKO:26079 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3642 of 2025 Applicant :- Abhishake Dubey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Prabhaat Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party-State. 1A. Supplementary affidavit filed today is taken on record. 2. First bail application has been filed with regard to Case Crime No.40 of 2025 under Sections 109(1) & 3(5) BNS, P.S. Kotwali Rudouli, District Ayodhya. 3. As per contents of first information report, an incident is said to have taken place on 02.01.2025 at about 07:11 PM when informant was given a lift by three unidentified persons in a vehicle but subsequently coerced informant into transferring Rs. 71,000/- through his mobile phone while also stealing various valuables. 4. Learned counsel for applicant submits that applicant has been falsely implicated in the charges levelled against him only on account of a subsequent event dated 30.01.2025 when applicant allegedly was apprehended with Case Crime No.07 of 2025 being connected with the said apprehending. It is submitted that recovery memo dated 30.01.2025 even otherwise does not indicate recovery of any valuable which can be said to be connected with said FIR particularly when no transfer of amount has taken place into the account of applicant. It is submitted that charge-sheet has already been filed in the matter in which applicant has co-operated. It is next submitted that criminal history of one case against applicant has been explained and applicant is under incarceration since 30.01.2025. 5. Learned Additional Government Advocate appearing on behalf of State has opposed the bail application but does not dispute the factual aspects. It is admitted that previous criminal history of applicant has been explained and he has co-operated during course of investigation whereafter charge-sheet was filed. 6. 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." 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, and subject to further evidence being led in trial, it appears that FIR had been lodged against unidentified persons and applicant has been shown involved only on the basis of his being apprehended on 30.01.2025. Recovery memo also indicates nomination of applicant only on the basis of his alleged confessional statement without any recovery associated with the FIR. The said aspect, however, would be subject matter of evidence during course of trial. The applicant is said to have co-operated during the course of investigation and his criminal history has been explained. As such, without expressing any opinion on merits of the case, this Court finds, the applicant is entitled to be released on bail in this case. 8. Accordingly bail application is allowed. 9. Let applicant Abhishake Dubey, involved in 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/she 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/her under Section 269 of BNS. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his/her presence proclamation under Section 84 BNSS 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/her, in accordance with law, under Section 209 of 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 BNSS. 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/her in accordance with law. Order Date :- 6.5.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench