Reserved on 21.08.2025. Delivered on 09.09.2025 HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 17394 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J. Heard Sri Prateek Srivastava, learned counsel for the applicant; Sri Rakesh Chandra, learned counsel for the informant; learned AGA for the State and perused the material placed on record. There are allegations against the applicant, five named and some unknown accused of attacking the informant with intention to kill him. There is also allegation that one bullet was fired which hit stomach of the informant and he fell down. Jitendra Singh @ Rajan Singh, the applicant, who is husband of the block pramukh, was committing his murder. The applicant Rajjan Singh and his companion are involved in charging goonda tax and making extortion in the District. They also usurp land of the poor people and were involved in the murder of Anshu Rai, Advocate. Learned counsel for the informant has submits that the applicant is main accused and the other co-accused, who have been granted bail by the coordinate bench had different roles. Learned counsel for the applicant has further submitted that in the supplementary statement of the informant he has not supported the allegations made in the first information report. He has stated in the Versus Counsel for Applicant(s) : Prateek Srivastava, Sumit Kumar Srivastava Counsel for Opposite Party(s) : G.A., Rakesh Chandra Jitendra Singh Alias Rajan Singh .....Applicant(s) State of U.P. .....Opposite Party(s) aforesaid statement that he named the applicant on the basis of information received by others. He does not knows nor has ever met the applicant, Jitendra Singh Alias Rajan Singh, nor Rajjan Singh made any call threatening him. The criminal history of the applicant has been explained by the learned counsel for the applicant in para 3 of the supplementary affidavit, which are mostly showing his implication in cases of minor nature. Applicant is in jail since 13.03.2025. Learned AGA has opposed the prayer for bail but could not dispute the above submissions. 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; keeping view the 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 trial; larger mandate of the Article 21 of the Constitution of India and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 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, Jitendra Singh Alias Rajan Singh involved in Case Crime No.254 of 2025, under Sections 190, 191(2), 191(3), 109(1) and 61(2)(b) of B.N.S, 2023, Police Station Robertsganj, District- Sonbhadra 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 BAIL No. 17394 of 2025 2 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, the complainant is free to move an application for cancellation of bail before this court. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. September 9, 2025 SS BAIL No. 17394 of 2025 3 (Siddharth,J.) Digitally signed by :- SURENDER SINGH NARANG High Court of Judicature at Allahabad