HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37271 of 2025 Court No. - 70 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicants, learned AGA for the State- respondents and perused the record. 2. This bail application has been moved on behalf of accused-applicants Dheeraj Tiwari and Neeraj Tiwari seeking enlargement on bail in Case Crime No.10 of 2025, under Sections 305(d), 305(e), 331(4), 317(2), 317(4), 317(5) B.N.S., Police Station Dheena, District Chandauli. 3. Learned counsel for the applicants submits that the accused-applicants have not committed any offence as alleged in the FIR and have been falsely implicated in this case. Applicants are languishing in jail since 2.6.2025. It is submitted that initially the FIR was registered as unknown and it has been stated in the FIR that applicants have stolen crown of Goddess Parvati, brass bell having weight of three quintal, some items and some amount kept in gift box. It is further submitted that applicants were arrested during the course of investigation after about 4 days of the incident on 2.6.2025 at a very belated stage. It is argued that false recovery has been shown from the possession of applicants and no independent and reliable witness was present at the time of preparation of recovery memo and arrest of applicants. It is further argued that applicants have criminal antecedents to their credit which include most of the cases of the year 2025 and have been explained in para 18 of the affidavit filed on behalf of the applicants. Submission is that the conclusion of trial will take sufficiently long and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Versus Counsel for Applicant(s) : Dhirendra Kumar Srivastava Counsel for Opposite Party(s) : G.A. Dheeraj Tiwari And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 4. Learned AGA has vehemently opposed the prayer for grant of bail but could not dispute the aforesaid submission. 5. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicants, keeping in view the uncertainty regarding conclusion of trial; larger mandate of the Article 21 of the Constitution of India, considering the paragraph no.53 of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement 2024, (SC) LawSuit 677 and 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 applicants involved in the aforesaid crime be released on bail on their furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:- (i) The applicants shall not tamper with the evidence or threaten the witnesses. (ii) The applicants shall file an undertaking to the effect that they 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 their absence, without sufficient cause, the Trial Court may proceed against them under Section 229-A IPC/269 BNS. (iv) In case the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 82 Cr.P.C./84 of BNSS is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against them in accordance with law under Section 174-A IPC/209 of BNS. (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./351 of B.N.S.S. If in the opinion of the Trial Court absence of the applicants is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default BAIL No. 37271 of 2025 2 as abuse of liberty of bail and proceed against them in accordance with law. 6. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 7. Identity and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted. October 29, 2025 RA BAIL No. 37271 of 2025 3 (Santosh Rai,J.) Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad