HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33135 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Subhash Chandra Yadav, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.224 of 2025, under Sections 103 B.N.S., Police Station- Tamkuhiraj, District- Kushinagar, during the pendency of trial. 4. As per prosecution story, the applicant is stated to be living with the deceased person, as such, the informant suspected that he might have put his son to death in the night of 12/13.6.2025 at about 10:30 p.m. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about ten hours and there is no explanation of the said delay caused. There is interpolation in the FIR as the inquest report was prepared on 13.6.2025 and the proceedings were started at 09:32 a.m. and were concluded at 11:00 a.m. the same day. 6. Learned counsel for the applicant has further stated that the FIR was instituted on 13.6.2025 at 09:38 a.m. The informant is Panch witness no.1 in the inquest proceedings, as such, he could not be present at both the places at Versus Counsel for Applicant(s) : Sanjeev Kumar Yadav, Subhash Chandra Yadav Counsel for Opposite Party(s) : G.A. Umesh Bari .....Applicant(s) State of U.P. .....Opposite Party(s) the relevant point of time as the distance between the place of occurrence and the police station is 10 Km. apart. The said fact indicates that it is a clear cut case of false implication. 7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 14.6.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 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 reiterated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2022) 10 SCC 51. 11. Reiterating the aforesaid view, the Supreme Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 INSC 595, has again emphasized 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 A.G.A. could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant. 13. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the discrepancy in the timing of institution of FIR and inquest report, 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 BAIL No. 33135 of 2025 2 application is allowed. 14. Let the applicant- Umesh Bari, 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. 15. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 16. 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 9, 2025 Vikas Verma BAIL No. 33135 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad