HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35760 of 2025 Court No. - 70 HON'BLE SANTOSH RAI, J. 1. Supplementary affidavit filed, today in Court, on behalf of the applicant is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State- respondents and perused the record. 3. This bail application has been moved on behalf of accused-applicant Shailendra Kumar Alias Babloo seeking enlargement on bail in Case Crime No.290 of 2024, under Sections 318(4), 338, 336(3), 340(2), 61(2) B.N.S., Police Station Maudarwaz, District Farrukhabad. 4. Learned counsel for the applicant submits that the accused-applicant has not committed any offence as alleged in the FIR and has been falsely implicated in this case due to ulterior motive. Applicant is languishing in jail since 14.7.2025. It is submitted that applicant is neither the seller, purchaser nor the marginal witness of the so called sale deed. It is further submitted that actual beneficiary of the so called fraud is Rajendra Singh who is the executor of the sale deed and Shishu Singh is the purchaser and the applicant has no relation either with the executor of the sale deed or the purchaser. It is argued that two persons namely, Ajay Pratap and Vijay Singh are named as marginal witnesses in the sale deed which fact is clearly mentioned at page no.40 of the sale deed annexed with the bail application. It is further argued that the role of applicant is only of identifying Ajay Pratap and Vijay Singh whose names have been mentioned in the sale deed as marginal witnesses and no photograph of the applicant has been affixed in the sale deed. It is lastly submitted that since the charge-sheet has been submitted, therefore, Versus Counsel for Applicant(s) : Lavkush Kumar Bhatt Counsel for Opposite Party(s) : G.A. Shailendra Kumar Alias Babloo .....Applicant(s) State of U.P. .....Opposite Party(s) there is no reasonable possibility of intimidating/pressurizing the prosecution witnesses. Submission is that the conclusion of trial will take sufficiently long and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the prayer for grant of bail but could not dispute the aforesaid submission. 6. 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 the uncertainty regarding conclusion of trial; larger mandate of the Article 21 of the Constitution of India, considering the paragraph no.53 of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement 2024, (SC) LawSuit 677 and 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 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 IPC/269 BNS. (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 of BNSS 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 IPC/209 of BNS. BAIL No. 35760 of 2025 2 (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 of 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 15, 2025 RA BAIL No. 35760 of 2025 3 (Santosh Rai,J.) Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad