HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32998 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Shivendra Raj Singhal, learned counsel for the applicant, Sri Ch. Dil Nisar, learned counsel for the informant as well as Sri Abhishek Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.181 of 2025, under Sections 103(1), 238, 61(2), 3(5) B.N.S., Police Station- Kutubsher, District- Saharanpur, 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. He has nothing to do with the said offence. The FIR is delayed by more than one day and there is no explanation of the said delay caused. The applicant has been subsequently made an accused on the basis of statement of informant as an afterthought as he is friend of main accused person Suleman. 5. Learned counsel for the applicant has further stated that subsequently the statement of proprietor of the liquor shop was recorded by the Investigating Officer who had identified the applicant to have come up with deceased person on his shop for purchasing liquor. Learned counsel has stated that the said identification has not been undertaken as per Section 7 of Bharatiya Sakshya Adhiniyam. Versus Counsel for Applicant(s) : Rishika Raj Singhal, Shivendra Raj Singhal Counsel for Opposite Party(s) : Ch. Dil Nisar, G.A., Viresh Kumar Yadav Mohseen Alias Moseen .....Applicant(s) State of U.P. .....Opposite Party(s) 6. To add to it, learned counsel for the applicant has further stated that subsequently the CCTV footage of the said liquor shop was garnered and it was found that applicant had come to the said shop alongwith co-accused person and not deceased person, as such, prosecution story stands falsified as far as applicant is concerned. 7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 15.6.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application. 9. 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. 10. 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 reiterated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2022) 10 SCC 51. 11. Reiterating the aforesaid view, the Supreme Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 INSC 595, has again emphasized 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". 12. Learned A.G.A./State Law Officer could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant. 13. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into BAIL No. 32998 of 2025 2 consideration the fact that applicant is not named in the FIR which was instituted after delay and even the deceased person was not visible in the CCTV footage, 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. 14. Let the applicant- Mohseen Alias Moseen, who is involved in aforementioned case 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 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. 15. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 16. 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 15, 2025 Vikas Verma BAIL No. 32998 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad