Neutral Citation No. - 2025:AHC:85863 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9833 of 2024 Applicant :- Vikas Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Kumar Singh,Ganesh Vikram Singh Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Vikas Gautam, with a prayer to release him on bail in Case Crime No. 247 of 2022, under Sections 302, 376-D, 201, 120-B/34 IPC, Police Station Baksa, District- Jaunpur, during pendency of trial. There are allegations in the FIR regarding commission of offences of gang rape, murder, criminal conspiracy and causing disappearance of dead body of the deceased by four named accused with common intention. Learned counsel for the applicant has submitted that initially, a missing report was lodged on 23.7.2022 regarding missing of his girl by the informant. Thereafter FIR was lodged on 02.8.2022, wherein applicant alongwith three co-accused was named. It was alleged that dead body of the daughter of the informant was recovered from a well and accused persons have caused her murder and gang rape and thereafter thrown her dead body in the well. Learned counsel for the applicant has further submitted that recovery of weapon used in the crime has been made on the pointing out of the applicant from the canal, but there is no public witness of the recovery. There is no eye- witness account of the incident. PW-1 has been examined before the trial court, wherein he has stated that on 23.7.2022 itself his daughter was called outside by co-accused, Rahul, s/o Ashok and thereafter call came on his mobile phone informing that his daughter is being dragged by some persons and thereafter he came to know that applicant alongwith co-accused have committed the offence of gang rape and thrown her dead body in well. He has submitted that his statement before the trial court is an improvement from the statement of the informant recorded under Section 161 Cr.P.C. and is in conflict with the version in the FIR and missing report. In case the informant, PW-1, was aware that his daughter was abducted by co-accused, Rahul, why he did not lodged the FIR on the same date, i.e., 23.7.2022, has not been explained. The applicant has been falsely implicated in this case. He has criminal history of two cases to his credit, connected with the present case and is languishing in jail since 03.8.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail. 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 deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, 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 Section 229-A of the Indian Penal Code. (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. 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 of the Indian Penal Code. (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. 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. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 21.5.2025 Ruchi Agrahari Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad