HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27415 of 2025 Court No. - 70 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicant; learned counsel for the informant, learned AGA for the State and perused the material placed on record. 2. The instant bail application has been filed on behalf of the applicant Vijay Bajrangi, with a prayer to release him on bail in Case Crime No. 191 of 2025, under Sections 191(2), 191(3), 190, 109(1), 308(5), 3(5) BNS, Police Station Harduaganj, District- Aligarh, during pendency of trial. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case due to ulterior motive. He further submits that F.I.R. was lodged against 13 known including applicant and 20-25 unknown persons and general role of beating was assigned to all the accused persons including applicant. He further submits that injured Akil, Arbaz, Kadeem, Akeel and other witnesses have been examined by the Investigating Officer during the course of investigation, but none of the injured had clarified the specific and distinct role to the accused applicant. He further submits that as per injury report, injuries sustained by the injured persons are simple in nature. He further submits that a concocted and false story of demand Rs. 50,000/- as Chauth, has been set up by the prosecution whereas the applicant has not committed any offence as alleged in the F.I.R. It is further submitted that the co-accused Vijay Kumar Gupta having identical role has already been granted bail by this Court vide order dated 16.10.2025 passed in Criminal Misc. Bail Versus Counsel for Applicant(s) : Jeet Bahadur Singh, Rajrshi Gupta Counsel for Opposite Party(s) : Ali Bin Saif, G.A. Vijay Bajrangi .....Applicant(s) State of U.P. .....Opposite Party(s) Application No. 36002 of 2025. The applicant has no criminal history to his credit. Chargesheet in this case has already been filed, therefore, the applicant is also entitled to be released on bail on the ground of parity. He further submits that trial is not likely to be concluded in near future. The applicant has no criminal history to his credit and is languishing in jail since 25.5.2025. 4. Per contra learned counsel for the informant as well as learned A.G.A. has opposed the prayer for bail and submitted that the applicants along with other accused persons have caused serious injuries to the injured. As per the statement of doctor, who opined that the injuries of the injured are serious in nature but he could not specify as to what injury and by which weapon it was caused by the applicant. 5. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicants; period of detention in jail, keeping in view uncertainty regarding conclusion of trial; larger mandate of the Article 21 of the Constitution of India, bail application is allowed. 6. Considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, considering 5- 6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 that :- (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 BAIL No. 27415 of 2025 2 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 I.P.C./269 B.N.S. (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./84 B.N.S.S. 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 I.P.C./209. B.N.S. (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./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicants are 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. 7. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 27, 2025 Gss BAIL No. 27415 of 2025 3 (Santosh Rai,J.) Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad