Neutral Citation No. - 2025:AHC:75896 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5060 of 2025 Applicant :- Gamhu Bansfor And Another Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar,Prashant Kumar Singh Counsel for Opposite Party :- G.A.,Praveen Kumar Singh,Riyajuddin Ansari,Shama Khatoon Hon'ble Siddharth,J. Heard Shri Prashant Kumar Singh, learned counsel for the applicants; Ms. Shama Khatoon, learned counsel for the informant and learned A.G.A for the State. There are allegations against the applicants and two other co-accused of committing murder of one person. Learned counsel for the applicant submits that there is only one fatal injury caused to the deceased but it is not clear who has caused the only fatal injury to the deceased.The applicants are in jail since 23.8.2024 and have criminal history of one case to their credits. On the other hand learned A.G.A. and learned counsel for the informant have opposed the prayer for bail. 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 applicants,Gamhu Bansfor and Mamta Devi , involved in Case Crime No.356 of 2024 , under Sections-103(1),333,352,351(2), 351 (3) B.N.S., Police Station- Tarkulwa, District- Deoria, be released on bail on their 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 applicants shall not tamper with the evidence or threaten the witnesses. (ii) The applicants 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 applicants 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 applicants 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 applicants 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. Order Date :- 9.5.2025 Atul kr. sri. Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad