HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16676 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Sikandar Raza assisted by Sri Yogesh Kumar Singh, learned counsel for the applicant, Sri Brajesh Kumar Singh, learned counsel for the informant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.305 of 2024, under Sections 103(1), 238, 3(5) B.N.S., Police Station-Barhan, District- Agra, during the pendency of trial. 4. FIR was instituted on the suspicion that the applicant and other accused persons might have committed the murder of father of the informant who was missing since 01.12.2024 and a missing report was filed at the police station on 02.12.2024. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about five days without explanation to the said delay caused. The missing report did not mention any apprehension against the applicant. The dead body was recovered at the pointing out of one Sunita Devi @ Choti and not the applicant, as such, it is a clear cut case of false implication. Even the inquest report indicates that the dead body was recovered at the pointing out of Sunita Devi @ Choti. There is no criminal history of the applicant. The Versus Counsel for Applicant(s) : R.P.S. Chauhan, Sikandar Raza, Yogesh Kumar Singh Counsel for Opposite Party(s) : Brajesh Kumar Singh, G.A. Rahul .....Applicant(s) State of U.P. .....Opposite Party(s) applicant is languishing in jail since 06.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 7. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception. 8. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because the person is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been recapitulated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and Ors., 2022 INSC 690. 9. Reiterating the aforesaid view the Supreme Court in the case of Manish Sisodia Vs. Directorate of Enforcement 2024 INSC 595 has again emphasised that the very well-settled principle of law that bail is not to be withheld as a punishment is not to be forgotten. It is high time that the Courts should recognize the principle that "bail is a rule and jail is an exception". 10. Learned AGA could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant. 11. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA. 12. Considering the facts and circumstances of the case, submissions BAIL No. 16676 of 2025 2 made by learned counsel for the parties, the evidence on record, and taking into consideration the fact that the dead body has been recovered on the pointing out of Sunita Devi @ Choti and not the applicant 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. 13. The bail application is allowed. 13. Let the applicant- Rahul, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 14. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 15. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 9, 2025 Karan BAIL No. 16676 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad