HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35346 of 2025 Court No. - 70 HON'BLE SANTOSH RAI, J. 1. Supplementary affidavit filed, today in Court, on behalf of the applicants is taken on record. 2. Heard learned counsel for the applicants, learned AGA for the State- respondents and perused the record. 3. This bail application has been moved on behalf of accused-applicants Vishal @ Rana Pratap and Saurabh seeking enlargement on bail in Case Crime No.0280 of 2025, under Sections 3(5), 74, 109(1), 115(2), 333, 352, 324(4) B.N.S., Police Station Syohara, District Bijnor. 4. Learned counsel for the applicants submits that the accused-applicants have not committed any offence as alleged in the FIR and have been falsely implicated in this case due to ulterior motive. Applicants are languishing in jail since 6.8.2025. It is submitted that four accused persons are named in the FIR, wherein specific role of causing sharp weapon injury by accused Rajpal and Pushpendra have been assigned 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 applicants 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 Versus Counsel for Applicant(s) : Gaurav Kakkar, Raghvendra Prakash Counsel for Opposite Party(s) : G.A. Vishal @ Rana Pratap And Another .....Applicant(s) State of U.P. .....Opposite Party(s) distinct role of applicants but they have assigned general role of accused applicants in committing the offence. It is lastly submitted that accused applicants have no criminal antecedents. Submission is 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. 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 applicants, 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 applicants involved in the aforesaid crime be released on bail on their 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 applicants shall not tamper with the evidence or threaten the witnesses. (ii) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of their absence, without sufficient cause, the Trial Court may proceed against them under Section 229-A IPC/269 BNS. (iv) In case the applicants 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 applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against BAIL No. 35346 of 2025 2 them in accordance with law under Section 174-A IPC/209 of BNS. (v) The applicants 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 applicants are 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 them 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 applicants and sureties be verified by the court concerned before the bonds are accepted. October 14, 2025 RA BAIL No. 35346 of 2025 3 (Santosh Rai,J.) Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad