HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36561 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 Shivam with a prayer to release him on bail in Case Crime No.123 of 2025, under Sections 140(2), 318(4), 338, 336(3) B.N.S.,Police Station Baraut, District Baghpat, during pendency of trial. 3. Learned counsel for the applicant has submitted that the applicant has not abducted or enticed away any person. The F.I.R. has been registered against unknown person. In the F.I.R. the fact has been stated that one person called the informant whose name is Shivam. In the F.I.R. Shivam is different namely Shivam son of Sudhir whereas applicant is Shivam son of Ashok Kumar. Name of Shivam was surfaced during course of investigation after 44 days of lodging of the F.I.R in the statement of co- accused Rahul Sharma who has been granted bail by co-ordinate Bench of this Court vide order dated 02.07.2025 passed in Criminal Misc. Bail Application no.21772 of 2025. He further submitted that charge-sheet has been filed in this case against some of the accused persons and investigation is going on against the applicant. The applicant has no criminal history to his credit and is languishing in jail since 26.09.2025. Lastly it is submitted that co-accused Rajat, Pradyumn, Vijay, Bijendra Malik and Shivam have been granted bail by co-ordinate Bench of this Court vide orders dated 19.09.0225, 06.06.2025, 16.06.2025, 03.07.2025 Versus Counsel for Applicant(s) : Subir Lal, Swetashwa Agarwal Counsel for Opposite Party(s) : G.A. Shivam .....Applicant(s) State of U.P. .....Opposite Party(s) and 18.06.2025 passed in Criminal Misc. Bail Application Nos.23590 of 2025, 17747 of 2025, 17974 of 2024, 22903 of 2025 and 19529 of 2025 respectively. 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 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 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. BAIL No. 36561 of 2025 2 (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 17, 2025 Asha BAIL No. 36561 of 2025 3 (Santosh Rai,J.) Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad