Neutral Citation No. - 2025:AHC:82955 Reserved on: 13.5.2025 Delivered on: 19.5.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14430 of 2024 Applicant :- Babalu Alias Ballu Opposite Party :- State of U.P. Counsel for Applicant :- Neha Rani,Satyvendra Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard Shri Satyvendra Singh Yadav, learned counsel for the applicant and Shri G.N. Kanaujiya,, learned A.G.A. 1st for the State. There is allegation in the First Information Report against the unknown accused that nephew of informant, Viru, had gone to attend the feast on 5.12.2023 and returned to his house at 8 P.M..After sometime a phone call came on his mobile phone and he went towards the Baba Builder Bhattha.When he not did not returned till late in the night his search was launched but in vain. On 7.12. 2023 his dead body was found in Baba Builder Bhattha. Both his legs were tied, tong was protruding out and there were injuries on different parts of the body. First Information Report was lodged on 7.12 2023 at 12.57 hours. Learned counsel for the applicant has submitted that deceased went missing on 5.12.2023 but no missing report was lodged and directly First Information Report was lodged on 7.12.2023. Learned counsel for the applicant has further submitted his name surfaced in this case on the basis of statement of the witnesses recorded during the investigation. It was further found during investigation that co-accused, Pappu, was annoyed with deceased since deceased was having illicit relationship with his niece and therefore, co-accused, Pappu, with the help of other co-accused committed the murder of the deceased. Learned counsel for applicant has further submitted that implication of the applicant has been made falsely in this case. Co-accused, Pappu , who had motive to commit the offence alongwith co-accused, Angad and Sonu alias Sona, have already been granted bail by the coordinate Benches of this court in Criminal Misc. Bail Application Nos. 4443, 19460 and 15852 of 2024.Trial has begun and three prosecution witnesses have been examined.The applicant is in jail since 8.12.2023 and has criminal history of one case to his credit. On the other hand learned A.G.A has opposed the prayer for bail. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties noted above, finding force in the submissions made by the learned counsel for the applicant, larger mandate of the Article 21 of the Constitution of India, recent judgment dated 11.07.2022 of the Apex Court in the case of Manish Sisodia vs. Directorate of Enforcement, 2024 LawSuit (SC) 677. and considering 5-6 times overcrowding in jails over and above their capacity by the under trials 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. Let the applicant,Babalu Alias Ballu , involved in Case Crime No.300 of 2023 , under Sections- 302,201,34 IPC, Police Station- Sandeepanghat, District- Kaushambi, 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 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 misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. 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 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. Order Date :- 19.5.2025 Atul kr. sri. Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad