HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33311 of 2023 Court No. - 87 HON'BLE SANTOSH RAI, J. 1. A supplementary counter affidavit has been filed by the learned counsel for the informant in Court today. The same is taken on record. 2. Heard learned counsel for the applicant; learned A.G.A. for the State as well as learned counsel for the informant and perused the material placed on record. 3. The instant bail application has been filed on behalf of the applicant, Rahul Kumar with a prayer to release him on bail in Case Crime No. 0241 of 2021 under Sections 406, 420, 506 of I.P.C. Police Station-Munda Panday, District-Moradabad, during pendency of trial. 4. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. It is next submitted that he has not committed any offence as stated in the first information report. He has also submitted that the applicant received some amount during the course of business transaction and the charges levelled against him are punishable with 7 years of imprisonment. The accused applicant was previously enlarged on interim bail on the condition that he will deposit 2 lakhs by way of Demand Draft in favour of the informant. He is languishing in jail since 27.01.2023. It is submitted that since the charge-sheet has already been submitted, therefore, there is no reasonable possibility of intimidating or pressurizing the prosecution witnesses and there is no likelihood of his fleeing from course of justice or tampering with evidence in Versus Counsel for Applicant(s) : Anuj Kumar Gupta, Himanshu Ranjan Shukla, Kripa Shanker Yadav, Manish Dev, Ramesh Kumar Shukla Counsel for Opposite Party(s) : G.A., Manish Joshi Rahul Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) case of release on bail. Hence, bail has been prayed for. 5. Learned counsel for the informant further submitted that he has no objection with regard to the prayer for bail of the applicant if the accused applicant will pay all the remaining amount within one month from the date of his release. Learned counsel for the informant submitted the details of the bank account of the informant and he received the original demand draft of Rs.2 lac by the accused applicant. 6. Per contra learned A.G.A. has opposed the prayer for bail of the applicant but he could not dispute the above facts. 7. 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; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, bail application is allowed. 8. 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 I.P.C./269 B.N.S. (iv) In case the applicant misuse the liberty of bail during trial and in order BAIL No. 33311 of 2023 2 to secure his presence, proclamation under Section 82 Cr.P.C./84 B.N.S.S. is issued and the applicant fails 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. 9. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 11. It is made clear that the accused applicant will pay all the remaining amount to the informant by way of Demand Draft or RTGS in favour of informant Firoz Alam s/o Ashkar Husain within one month from the date of his release from judicial custody. 12. It is directed to the counsel for the informant to hand over the original demand draft having amount of Rs.2 lac, which has been received today before the Court by the learned counsel for the applicant, personally to the informant. September 25, 2025 SY BAIL No. 33311 of 2023 3 (Santosh Rai,J.) Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad