HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35534 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Ms. Kamla Singh, learned counsel for the applicants, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record. 3. Applicants seek bail in Case Crime No.202 of 2025, under Sections 103(1), 191(2), 191(3), 118(1), 3(5) B.N.S., Police Station-Sewarahi, District-Kushi Nagar, during the pendency of trial. 4. As per prosecution story, the applicants along with four other co-accused persons are stated to have assaulted and caused grievous injuries to the chest of the victim leading to his death on 26.06.2025 at about 06:30 AM. 5. Learned counsel for the applicants has stated that the applicants have been falsely implicated in the present case. The FIR is delayed by more than nine hours and there is no explanation to the said delay caused. There are general and omnibus allegation of assault against all the accused persons. The post mortem report reveals only one incised wound on the chest of the deceased person which proved fatal but the accused person are six in number. No accused person has been assigned the role of having stabbed the deceased person which indicates that informant is not an eye witness. There is no criminal history of the applicants. The applicants are languishing in jail since 27.06.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Kamla Singh, Vijay Shanker Singh Counsel for Opposite Party(s) : G.A. Sonu Nishad And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Learned State Law Officer has vehemently opposed the bail application. 7. 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. 8. 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. 9. 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". 10. Learned State Law Officer could not bring forth any exceptional circumstances which would warrant denial of bail to the applicants. 11. 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 applicants 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 State Law Officer. 12. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the fact that there are general and omnibus allegations against all the accused persons, no specific role has been BAIL No. 35534 of 2025 2 assigned to the applicants and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 13. Let the applicants- Sonu Nishad and Sachin Nishad, who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurize/intimidate the prosecution witnesses. (iii) The applicants shall appear before the trial court on the date fixed. 14. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 15. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 14, 2025 Karan BAIL No. 35534 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad