Neutral Citation No. - 2025:AHC:18819 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4158 of 2025 Applicant :- Sunil Joshan Opposite Party :- State of U.P. Counsel for Applicant :- Diwakar Tiwari,Sanjay Shukla Counsel for Opposite Party :- Akhilesh Srivastava,G.A.,Saksham Srivastava Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, Sri Akhilesh Srivastava, learned counsel for the informant and Sri Anupam Anand, learned brief holder for the State-respondent. 2. The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case No. 365 of 2018, arising out of Case Crime No. 333 of 2018, under Sections 420, 406, 506 IPC, Police Station Khair, District Aligarh during the pendency of trial. 3. Learned counsel for the applicant submits that earlier the applicant was granted bail by the Sessions Judge, Aligarh on 01.08.2018. After submission of charge sheet, an application under Section 482 Cr.P.C. No. 72 of 2019 had been filed by the applicant for quashing the charge sheet as well as summoning order dated 26.07.2018. This Court vide order dated 21.02.2019 disposed of the said application with a direction to the applicant to move an application for discharge through counsel and till disposal of the said application, it was directed that no coercive action shall be taken against the applicant. The discharge application of the applicant was rejected on 15.03.2019. The revision filed against the order dated 15.03.2019 was also dismissed on 13.10.2021. However, the applicant had no knowledge about the dismissal of the revision and as such could not appear before the concerned court on the subsequent dates. Consequently, non-bailable warrant was issued. On 16.12.2024, the applicant was arrested and since then he is in jail. Learned counsel for the applicant on the basis of instructions submits that if the applicant is enlarged on bail, he shall appear regularly before the trial court and shall not leave the station without permission of the court concerned. 4. Learned brief holder for the State and the counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that earlier the applicant was granted bail by the Sessions Judge, Aligarh on 01.08.2018 and presently the applicant has remained confined for almost two months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. The principle that Bail is a rule and Jail is an exception has been well recognized by Apex Court more specifically on the touch stone of Article 21 of the Constitution. The said principle has been reiterated by the Apex Court in Satyendra Kumar Antil Vs. Central Bureau of Investigation and another, 2022 (10) SCC 51. 7. Let the applicant- Sunil Joshan, involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses; and, (iv) shall not leave district without the leave of the court concerned/trial court. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 10.2.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad