HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37497 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 Rajpal Alias Bhure with a prayer to release him on bail in Case Crime No.280 of 2025, under Sections 3(5), 74, 109(1), 117(2), 333, 352, 324 (4) B.N.S., Police Station Seohara, District Bijnor, during pendency of trial. 3. 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 23.09.2025. It is submitted that four accused persons are named in the FIR, wherein specific role of causing injury by sharp edged weapon has been assigned to applicant Rajpal and Pushpendra, but as per the medical evidence/injury report available on record, there is no any kind of sharp weapon injury. It is further submitted that as per medical report two injured namely, Amit and Keshav have sustained grievous injuries and there is fracture of right parietal region and other injuries which have been caused by applicant and other co-accused persons. It is argued that injured Amit has sustained five injuries which are reddish contusion and lacerated wound whereas injured Keshav has sustained four injuries which are lacerated wound, reddish contusion and abrasion. It is further argued that the injured in their statements recorded by I.O. during the course of investigation have not specified the separate and distinct role of applicant, but they have assigned general role of accused applicant in committing the offence. It is lastly submitted that the conclusion of trial will take sufficiently long and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is also submitted that the co-accused Vishal @ Rana Pratap and Saurabh having identical role have already been granted bail by this Court vide order dated 14.10.2025 passed in Criminal Misc. Bail Application No.35346 of 2025, therefore, the applicant is also entitled to be released on bail on the ground of parity. Versus Counsel for Applicant(s) : Manoj Kumar Tripathi, Vinod Kumar Tirpathi Counsel for Opposite Party(s) : G.A. Rajpal Alias Bhure .....Applicant(s) State of U.P. .....Opposite Party(s) 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, but he conceded the submission made by learned counsel for the applicant. 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. (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 29, 2025 Bhanu BAIL No. 37497 of 2025 2 (Santosh Rai,J.) Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad