Neutral Citation No. - 2025:AHC-LKO:36533 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5717 of 2025 Applicant :- Tauheed Opposite Party :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Lko. Counsel for Applicant :- Nadeem Murtaza,Pallav Shukla,Shashank Tilhari Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned AGA 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 Complaint Case No. 3839 of 2019, under Sections 376D, 307, 323 and 506 IPC, Police Station Jahangirganj, District Ambedkar Nagar. Contention of learned counsel for the applicant is that the applicant is 'devar' of the alleged victim and after investigation it was found that the applicant was not involved in committing the offence and the final report was submitted. He also submits that subsequently, a protest application was instituted and thereafter the trial court treated the matter as complaint case and the same proceeded, wherein summons and Non-bailable Warrant was issued and the applicant was arrested. He submits that the applicant is always ready to cooperate in the trial proceeding. Further submission is that the applicant has no previous criminal history and he is languishing in jail since 29.03.2025 and he undertakes that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Thus, submission is that the applicant may be enlarged on bail. On the other hand, learned AGA for the State has opposed the contentions aforesaid and has submitted that the applicant was involved in committing the offence and, as such, he is not entitled for any relief. Having considered the submissions of learned counsels for the parties and after perusal of the record, it transpires that the applicant is 'devar' of the alleged victim and after investigation nothing was found against the applicant and final report was submitted; later on the protest petition was filed which was treated as complaint and NBW was issued against the applicant; the applicant has no previous criminal history and he is languishing in jail since 29.03.2025 and he has undertaken that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, 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-Tauheed 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 :- 26.6.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench