Neutral Citation No. - 2025:AHC:124198 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10919 of 2024 Applicant :- Rahul Gond Opposite Party :- State of U.P. Counsel for Applicant :- Ved Byas Mishra Counsel for Opposite Party :- Anil Kumar Kannojia,Ashutosh Kumar Nishad,G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Ved Byas Mishra, learned counsel for the applicant Sri Anil Kumar Singh, learned AGA for the State Respondent, Sri A. K Kannojia, learned counsel for the informant and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Rahul Gond, with a prayer to release him on bail in Case Crime No. 348 of 2023, under Sections 147, 148, 307, 323, 325, 504, 506, 427, 302 I.P.C., Police Station Gauri Bazar, District Deoria, during pendency of trial. Learned counsel for the applicant submits that the applicant was released on interim on by the Co-ordinate Bench of this Court vide order dated 29.04.2025. He submits that the co-accused, Jai Nath Gond, Jileba Devi and Phool Kali Devi, have already been enlarged on bail by co-ordinate Benches of this Court in Criminal Misc. Bail Application Nos. 10080 of 2024 & 2324 of 2024 respectively. He further submits that the case of applicant stands identical footing of co-accused. The applicant is in jail since 03.10.2023. He submits that the applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the informant and learned A.G.A. have vehemently opposed the prayer for bail of the applicant. Learned counsel for the informant has submitted that after being released on bail, co-accused have assaulted the prosecution side and FIR was lodged against them. In case the applicant is enlarged on bail, he will also misuse the liberty of bail and further indulge in commission of alleged offence against prosecution side. 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, the applicant, Rahul Gond, involved in the aforesaid crime is granted regular bail. The personal bond and sureties already furnished by the applicant is made absolute with the same terms and conditions as enumerated vide order dated 29.04.2025. The bail application is allowed, accordingly. Order Date :- 28.7.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad