HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27923 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, Pawan Tiwari with a prayer to release him on bail in Case Crime No.108 of 2024, under Sections 436, 427, 504, 506 I.P.C., Police Station- Jalalpur, District- Hamirpur, during pendency of trial. 3. Learned counsel for the applicant has submitted that the applicant has not committed any offence as alleged in the first information report. There is allegation against the applicant that he had thrown petrol and had set the house of the informant on fire. There is no list of goods in the first information report, which have been burnt in the alleged incident. There is no eye witness or independent witness of the alleged incident. The applicant has been falsely implicated in this case due to the partition dispute pending between the parties. Informant Sandeep is the uncle of the applicant. The applicant is languishing in jail since 26.12.2024 having no criminal history and in case he is enlarged 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 but he could not dispute the above facts. 5. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; applicant being Versus Counsel for Applicant(s) : Gaytri Rajput, Indra Pal Singh Rajpoot Counsel for Opposite Party(s) : G.A. Pawan Tiwari .....Applicant(s) State of U.P. .....Opposite Party(s) under-trial having fundamental right to speedy; 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. (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 applicant fails 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 BAIL No. 27923 of 2025 2 cancellation of bail. October 9, 2025 Radhika BAIL No. 27923 of 2025 3 (Santosh Rai,J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad