HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35011 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Learned counsel for the informant is not present. 2. Heard Sri Diwan Saifullah Khan, learned counsel for the applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.87 of 2025, under Sections 140(1), 103(1), 238 B.N.S., Police Station- Mirzamurad, District- Varanasi, during the pendency of trial. 4. The allegations as per the FIR are that the husband of the informant was abducted by the applicant and three other named accused persons and was slaughtered and his dead body was dumped in a 30 feet deep well with an intention to dispose of the said dead body. 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 four days and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the deceased person was missing since 25.4.2025 and the son of the informant Sonu instituted a missing report on 27.4.2025, whereby he did not whisper a single word against the applicant, as such, it is a clear cut case of false implication. There is no other evidence against the applicant, as such, he is entitled for bail. 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 Versus Counsel for Applicant(s) : Diwan Saifullah Khan Counsel for Opposite Party(s) : G.A., Shikha Saxena Rahees Khan .....Applicant(s) State of U.P. .....Opposite Party(s) since 30.4.2025 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 fact that there is no whispering of a single word against the applicant in the missing report filed by the son of the informant, 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. 14. Let the applicant- Rahees Khan, 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. BAIL No. 35011 of 2025 2 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 10, 2025 Vikas Verma BAIL No. 35011 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad