Neutral Citation No. - 2025:AHC:89058 Reserved on 20.5.2025 Delivered on 26.5.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5143 of 2024 Applicant :- Diwakar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Satya Prakash Singh,Sudhanshu Pratap Singh Counsel for Opposite Party :- Avnish Chandra Tripathi,G.A.,Hari Om Pandey Hon'ble Siddharth,J. Heard Sri V.P. Srivastava, learned Senior Counsel assisted by Sri Satya Prakash Singh, learned counsel for applicant; Sri Rohti Shukla, Advocate, holding brief of Sri Avnish Chandra Tripathi, learned counsel for informant; learned AGA for State and perused the material on record. The prosecution case is that brother of the informant namely, Pawan Kumar Pandey, was driving commercial vehicle of the informant. On 10.9.2023 at 1.30 P.M. named accused booked vehicle for going to Patna from Prayagraj and went in vehicle driven by his brother but thereafter he never returned. Named accused were identified from their Adhar Cards given to the informant at time of booking of vehicle. Learned Senior Counsel for the applicant submits that applicant was neither named in the First Information Report nor in the first statement of the informant.Police has arrested the applicant alongwith named co-accused, Nirbhay Singh and Anant Pandey from prayagraj junction. Thereafter he was made to confess about his involvement in the alleged crime by the police. The applicant runs a canteen at the police station Kule District Raipur in Chattishgarh and he was arrested from there but his arrest has been shown from Prayagraj Junction. No CDR location of the applicant was found with co-accused persons and abductee, Pawan Kumar Pandey. Except his confessional statement given before the police there is nothing against him.The applicant is in jail since 22.9.2023 and has no criminal history to his credit. Learned counsel for the informant has submitted that after committing alleged offence of murder of the brother of the informant, the named accused went to Chattishgarh at the place of applicant, who is brother of named accused, Nirbhay Singh.He has submitted that applicant and co-accused are having gang of organized crime. One of the mobile number discovered during investigation belongs to the applicant.The address of the applicant mentioned in the bail application is his previous address . He is residing at new address now. It is further submitted that applicant is mastermind of this case. The bail application of co-accused, Anant Pandey, has been rejected by the coordinate Bench of this court vide order dated 13.3.2024 vide in Criminal Misc. Bail Application No. 3082 of 2024.Trial has begun and date of cross examination of the applicant is being fixed. On the other hand learned A.G.A has opposed the prayer for bail. After hearing the rival contentions, this court finds that allegation against the accused is that named accused and some unknown accused after committing the offence went to the house of the informant at Chhatishgarh. No incriminating recovery has been made from him.As per his confessional statement he was also involved in commission of alleged offence. On the basis of his confessional statement co-accused, Deepu Rai and Chakkra, were also implicated. Applicant does not appears to have any criminal history. The stray call details collected by the investigating officer proves that his brother and named co-accused, Nirbhay Singh, talked to him. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties noted above, finding force in the submissions made by the learned counsel for the applicant, larger mandate of the Article 21 of the Constitution of India, recent judgment dated 11.07.2022 of the Apex Court in the case of Manish Sisodia vs. Directorate of Enforcement, 2024 LawSuit (SC) 677. and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant, Diwakar Singh , involved in Case Crime No. 338 of 2023 , under Section- 365,302,201,120-B IPC, Police Station- Civil Lines, District- Prayagraj, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (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, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code. (iv) 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 then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code. (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. 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. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. The trial court is directed to conclude the trial against the applicant as expeditiously as possible, as per section 309 Cr.P.C.(New Section 346 B.N.S.S.) Order Date :- 26.5.2025 Atul kr. sri. Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad