HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35801 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 Sanjay Kumar Pandey with a prayer to release him on bail in Case No.9307 of 2011 (State vs. Sanjay Pandey), arising out of Case Crime No.613 of 2010, under Sections 413 and 120B IPC, Police Station Civil Lines , District Rampur, during pendency of trial. 3. Learned counsel for the applicant has submitted that the applicant has not committed any offence as alleged in the F.I.R. In the F.I.R. three accused persons namely Yashoda Nand Singh, Vinod Paswan and Dinesh are named and name of the applicant was surfaced during course of investigation on the basis of information provided to the Investigating Officer. In this case arrest order was passed in favour of the accused applicant but chargesheet filed by the I.O. was not communicated to the applicant that is why he could not participate in the trial proceedings. He further submitted that some of accused persons have been convicted by the trial court vide order dated 13.10.2023 to the maximum sentence of 10 years each under Sections 409 and 413 I.P.C. It is further submitted that no any kind of recovery from the possession of the applicant has been shown. Thus the applicant has no liability under Section 413 I.P.C. The applicant never posted in the District Rampur as Constable. Presently he is posted as Head Constable in 39 Batalian PAC, Mirzapur. He has not absconded anywhere intentionally. He Versus Counsel for Applicant(s) : Saurabh Chaturvedi, Sudhir Kumar Upadhyay, Sr. Advocate Counsel for Opposite Party(s) : G.A. Sanjay Kumar Pandey .....Applicant(s) State of U.P. .....Opposite Party(s) has no criminal history to his credit and is languishing in jail since 31.08.2025. Lastly it is submitted that co-accused Ashish Kuamr alias Neta has been granted bail by co-ordinate Bench of this Court vide order dated 27.04.2012 passed in Criminal Misc. Bail Application No.10493 of 2012. 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 trial proceeding is delayed with respect to the accused- applicant due to his fault and his non appearance before the court concerned. But he admits the fact that no any incriminating articles are said to be recovered from the possession of the applicant. He further submitted 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. BAIL No. 35801 of 2025 2 (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 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 15, 2025 Asha BAIL No. 35801 of 2025 3 (Santosh Rai,J.) Digitally signed by :- ASHA High Court of Judicature at Allahabad