HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14103 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed today is taken on record. 2. Heard Sri Sanjay Singh, learned counsel for the applicant, Sri Shivesh Mishra, learned counsel for the informant as well as Sri Yogesh Mishra, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 91 of 2025, under Sections 103(1) B.N.S., Police Station-Bhojipura, District- Bareilly, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. She has nothing to do with the said offence. The FIR is delayed by about two days and there is no explanation of the said delay caused. The FIR was instituted after the inquest report and the post mortem examination of the deceased person, as such, it is a clear cut case of false implication. The dead body was recovered from the front of the house of the informant itself. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 02.02.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Sandeep Kumar Pandey, Sanjay Kumar Dwivedi, Sanjay Singh Counsel for Opposite Party(s) : G.A., Shivesh Mishra Raveena .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Per contra, learned counsel for the informant as well as learned AGA for the State has opposed the prayer for bail on the ground that applicant and other co-accused have committed the said murder by throttling and put the dead body in front of the house of the informant, as such, applicant is not entitled for bail. 6. 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. 7. 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 recapitulated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and Ors., 2022 INSC 690. 8. Reiterating the aforesaid view the Supreme Court in the case of Manish Sisodia Vs. Directorate of Enforcement 2024 INSC 595 has again emphasised 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". 8. Learned AGA could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant. 10. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA. 11. Considering the facts and circumstances of the case, submissions BAIL No. 14103 of 2025 2 made by learned counsel for the parties, the evidence on record, and taking into consideration the fact that the FIR is delayed by about two days and there is no explanation to the said delay caused and the applicant and informant being relatives 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. 12. The bail application is allowed. 12. Let the applicant- Raveena, who is involved in aforementioned case crime be released on bail on her 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. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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 7, 2025 Karan BAIL No. 14103 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad