HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35131 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Bharat Singh, learned counsel for the applicant, 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.206 of 2025, under Sections 103(1), 238Ka B.N.S., Police Station-Asmauli, District-Sambhal, during the pendency of trial. 4. As per prosecution story, the applicant suspected the character of his wife, who is the sister of the informant. It is alleged that he murdered her and disposed of her body by cremating it. Thereafter, he allegedly called the informant and admitted to having committed the murder and cremated the body in order to destroy the evidence. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed and there is no explanation to the said delay caused. The informant was present at the time of the last rites of the deceased, as such, the applicant has been falsely implicated in the present case. Furthermore, there is no call detail record substantiating the alleged phone call made by the applicant. In addition, there is neither a voice test report nor any transcription of the alleged conversation between the applicant and the informant. There is no criminal history of the applicant. The applicant is languishing in jail since 08.08.2025 Versus Counsel for Applicant(s) : Bharat Singh Counsel for Opposite Party(s) : G.A. Jaypal Saini .....Applicant(s) State of U.P. .....Opposite Party(s) and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 7. 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. 8. 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. 9. 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". 10. Learned AGA could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant. 11. It is settled principle of law that the object of bail is to secure the 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. 12. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and BAIL No. 35131 of 2025 2 taking into consideration the fact that there is no voice test 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 application is allowed. 13. Let the applicant-Jaypal Saini, 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. 14. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 15. 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 13, 2025 Karan BAIL No. 35131 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad