HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35830 of 2025 Court No. - 70 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicant; 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 Priyanshu Alias Kaka with a prayer to release him on bail in Case Crime No.220 of 2025, under Sections 333, 351(3), 115(2) and 109(1) B.N.S., Police Station Behat, District Saharanpur, during pendency of trial. 3. Learned counsel for the applicant has submitted that the applicant has not committed any offence as alleged in the F.I.R. He has been falsely implicated in this case due to ulterior motive. He further submits that F.I.R. was lodged against three persons including accused applicant and as per the allegation contained in it, all the accused persons with common intention entered into the house of informant and committed assault with sharp weapon on the father of the informant. He further submits that medical report of the injured does not corroborate the allegation contained in the F.I.R, five injuries are said to be found, which are lacerated wounds on different parts of the body of the injured. He further submits that injured in his statement recorded under Section 180 B.N.S.S. has not stated specifically that accused-applicant has caused injury by sharp edged weapon. It is admitted fact that no sharp edged injury was found in the medical report. He further submits that co-accused Ajay who has similar role in the incident has been enlarged on bail by this Court Versus Counsel for Applicant(s) : Shubham Srivastava, Sunil Kumar Srivastava Counsel for Opposite Party(s): G.A. Priyanshu Alias Kaka .....Applicant(s) State of U.P. .....Opposite Party(s) vide order dated 08.10.2025 passed in Criminal Misc. Bail Application No. 33087 of 2025, and applicant is also entitled to be released on bail on the ground of parity. The applicant has no criminal history to his credit and is languishing in jail since 04.09.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that applicant accused committed heinous crime and investigation is going on. He further submitted that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he 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 applicant; 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 BAIL No. 35830 of 2025 2 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 I.P.C./269 B.N.S. (iv) In case the applicant 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 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 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. 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 15, 2025 Bhanu BAIL No. 35830 of 2025 3 (Santosh Rai,J.) Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad