HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36515 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 Hardheeraj @ Happy with a prayer to release him on bail in Case Crime No.419 of 2025, under Sections 309(4), 127(2), 352, 351(2), 317(2) and 61(2) B.N.S., Police Station Bisrakh, District Gautam Buddh Nagar during pendency of trial. 3. Learned counsel for the applicant has submitted that the applicant is not named in the F.I.R. and he has not committed any offence as alleged in the F.I.R. In the F.I.R. it has been alleged that tractor No.U.P. 17AT3667 along with trolley loaded with iron angle and plates was missed and sold. Name of the applicant was surfaced during the course of investigation on the basis of false information given to the I.O. He further submitted that Rs.5000/- and one mobile are said to be recovered from the possession of the applicant. There is no independent and reliable witness of the recovery was present at the time of arrest and at the time of preparation of recovery memo. No incriminating article was recovered from the possession of the applicant as alleged in the F.I.R. The applicant has no criminal history to his credit and is languishing in jail since 20.06.2025. Lastly it is submitted that co-accuse Anshu, Lucky Tomar, Mukesh, Tannu Sharma, Pankaj Kumar Gupta, Simran, Soam Singh, Arun Kuamr has been granted bail by co-ordinate Bench of this Court vide order dated Versus Counsel for Applicant(s) : Prateek Prajapati, Nanhe Lal Tripathi Counsel for Opposite Party(s) : G.A. Hardheeraj @ Happy .....Applicant(s) State of U.P. .....Opposite Party(s) 25.08.2025, 05.08.2025, 04.08.2025, 30.07.2025, 26.08.2025,23.07.2025, 29.07.2025, 29.07.2025 passed in Criminal Misc. Bail Application Nos.29247 of 2025, 26709 of 2025, 25759 of 2025, 25355 of 2025, 28512 of 2025, 25178 of 2025, 25820 of 2025, 24231 of 2025 In case, the applicant is released 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 by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 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 BAIL No. 36515 of 2025 2 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 17, 2025 Asha BAIL No. 36515 of 2025 3 (Santosh Rai,J.) Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad