HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13412 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Kamlesh Kumar Dwivedi, learned counsel for the applicant, Sri N.I. Jafri, learned Senior Counsel assisted by Sri S.I. Jafri, learned counsel for the informant as well as Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.235 of 2024, under Sections 103(1), 238(b) B.N.S., Police Station-Kheragarh, District-Agra, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have taken away the husband of the informant on his motorcycle on 24.12.2024 at about 09:45 PM and had committed his murder by drowning him in canal. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about five days and there is no explanation to the said delay caused. There are general and vague allegations against the applicant. There is nothing on record to suggest that applicant had committed the said offence. 6. Learned counsel for the applicant further submits that there are several FIR in between the family members of applicant and deceased person and there is no question for the applicant to have taken him on motorcycle and Versus Counsel for Applicant(s) : Gaurav Dwivedi, Kamlesh Kumar Dwivedi Counsel for Opposite Party(s) : Ambreen Masroor, G.A., Sadrul Islam Jafri, Viveka Nand Rai Ram Gopal .....Applicant(s) State of U.P. .....Opposite Party(s) had committed the said offence. It is but unnatural for the deceased person to have gone with the applicant. Criminal history stands explained except one case in which he is yet to apply for bail. The applicant is languishing in jail since 10.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. The Supreme Court in Prabhakar Tewari vs. State of U.P. And Another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out. 9. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception. 10. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because the person is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been recapitulated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and Ors., 2022 INSC 690. 11. Reiterating the aforesaid view the Supreme Court in the case of Manish Sisodia Vs. Directorate of Enforcement 2024 INSC 595 has again emphasised that the very well-settled principle of law that bail is not to be withheld as a punishment is not to be forgotten. It is high time that the Courts should recognize the principle that "bail is a rule and jail is an exception". 12. Learned AGA could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant. 13. It is settled principle of law that the object of bail is to secure the BAIL No. 13412 of 2025 2 attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA. 14. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the fact that the FIR is delayed by five days and there being only general allegations against the applicant 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. 15. Let the applicant- Ram Gopal, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 16. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 17. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 14, 2025 Karan BAIL No. 13412 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad