Neutral Citation No. - 2025:AHC:89169 Reserved on 21.5.2025 Delivered on 26.5.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17013 of 2025 Applicant :- Pradeep Kumar Singh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Prem Narayan Singh,Ram Bahadur,Sr. Advocate Counsel for Opposite Party :- Atharva Dixit,G.A.,Pranav Tiwary Hon'ble Siddharth,J. Heard Sri Anil Srivastava, learned Senior Counsel assisted by Sri Prem Narayan Singh, learned counsel for the applicant; Sri Manish Tiwary, learned Senior Counsel assisted by Sri Atharva Dixit, learned counsel for the informant; learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Pradeep Kumar Singh Yadav, with a prayer to release him on bail in Session Trial No.2373 of 2023, Case Crime No. 90 of 2023, under Sections 302, 201, 120-B IPC, Police Station Sikandara, District- Kanpur Dehat, during pendency of trial. This is second bail application of the applicant. The first bail application of the applicant was rejected by this Court on 19.12.2023 directing the trial court to conclude the trial against the applicant as expeditiously as possible, preferably within period of one year from the date of production of certified copy of this order. Learned Senior Counsel for the applicant has submitted that before the trial court, 10 prosecution witnesses have been examined including the informant, PW-1. In his statement, he stated that he has no knowledge about the account number of the applicant and about the money transaction between the deceased and the applicant. He has submitted that motive assigned to the applicant was that he has taken Rs.3 lacs from the deceased and only to prevent him from demanding the aforesaid amount, he has committed the murder of the deceased alongwith co-accused, Anuj Yadav. Learned Senior Counsel for the informant and learned A.G.A. have opposed the prayer for bail of the applicant and submitted that trial is at the verge of conclusion and hence it is not fit case for grant of bail to the applicant. After considering the rival contentions, this Court finds that applicant is in jail since 25.8.2023. The trial against the applicant has not been concluded as yet. He has no previous criminal history to his credit. There is no definite evidence against him. 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 :- 26.5.2025 Ruchi Agrahari Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad