HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33567 of 2025 Court No. - 70 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicants; learned AGA for the State and perused the material placed on record. 2. The instant bail application has been filed on behalf of the applicants Dheeraj Tiwari and Neeraj Tiwari with a prayer to release them on bail in Case Crime No. 39 of 2025, under Sections 305, 331(4), 303(2), 317(2), 317(4), 317(5) of the BNS, Police Station Iliya, District Chandauli during pendency of trial. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case due to ulterior motive. He further submits that the applicants are not named in the F.I.R., their name came into light during the course of investigation. He further submits that only three bell which has been used to worship was said to be recovered from the accused- applicants, of which there is no independent witness. He further submits that a concocted and false story has been set up by the prosecution whereas the applicants have not committed any offence as alleged in the F.I.R. He further submits that nothing incriminating has been recovered from the possession of the applicants. He further submits that false recovery has been shown by the police authority to implicate the applicants in the aforesaid case crime. He further submits that other item which were said to be recovered from the accused Raju Seth and Deepak Kumar and they were also not named in the F.I.R., have already been enlarged on bail by the trial 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) court. He further submits that five criminal cases have been registered against the applicants after the recovery made in the instant matter. He further submits that charge-sheet has already been filed in the instant matter. He further submits that trial is not likely to be concluded in near future. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused persons have also been touched upon at length. It has been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themself available before the court whenever required. Applicants are languishing in jail since 02.06.2025. 4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserve any indulgence. He further contended that applicants are habitual offender and recovery was made from their possession. In case the applicants are released on bail they will again indulge in similar activities and will misuse the liberty of bail. 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 uncertainty regarding conclusion of trial; applicants being under-trial having fundamental right to speedy 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 applicants involved in the aforesaid crime 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 with the following conditions that :- BAIL No. 33567 of 2025 2 (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 his absence, without sufficient cause, the Trial Court may proceed against them under Section 229-A I.P.C./269 B.N.S. (iv) In case the applicants misuse 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 applicants fail 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 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 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 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 applicants and sureties be verified by the court concerned before the bonds are accepted. October 10, 2025 Bhanu BAIL No. 33567 of 2025 3 (Santosh Rai,J.) Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad