HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 17870 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri V.P. Srivastava, learned Senior Counsel assisted by Sri Neeja Srivastava, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.242 of 2024, under Sections 103(1), 85, 124(1) B.N.S., Police Station-Nakhasa, District-Chandausi, during the pendency of trial. 4. As per prosecution story, applicant along with other co-accused persons is stated to have set the sister of the informant ablaze on 16.09.2024 at about 07:00 AM. 5. Learned Senior Counsel for the applicant has stated that the applicant is the brother-in-law (Devar) who has been falsely implicated in the present case. The FIR is delayed by more than two and there is no explanation to the said delay caused. There is a statement of victim recorded under Section 180 B.N.S.S. by the Investigating Officer which has been treated as a dying declaration by the prosecution. The said statement cannot be treated as a dying declaration as there is no other witness. 6. Learned Senior Counsel has further stated that the said statement given to the investigating officer is hit by Regulation 115 of Police Act. It is further submitted that the only star witness of the incident was the daughter of the Versus Counsel for Applicant(s) : Neeja Srivastava, Sr. Advocate Counsel for Opposite Party(s) : G.A. Muntajir .....Applicant(s) State of U.P. .....Opposite Party(s) deceased person Sadaf Noori @ Samiya who has not supported the prosecution story who has stated that family members tried to extinguish the fire. 7. Learned Senior Counsel also relied upon the medical report of the deceased person which finds mention the statement of the husband of the deceased person who has stated that deceased caught fire during cooking food. It was the husband only who rushed the deceased person to save her life and admitted her in hospital. The statement recorded under Section 180 B.N.S.S. speaks itself of interpolation and tutoring. At one stage, the deceased person had stated that people are speaking a lie and her daughter was not there at the time of occurrence but the said statement is false. There is no criminal history of the applicant. The applicant is languishing in jail since 21.09.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. 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. 10. 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. 11. 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". BAIL No. 17870 of 2025 2 12. Learned AGA could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant. 13. 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. 14. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the fact that the star witness Sadaf Noori @ Samiya has not supported the prosecution story and has later resiled from her statement recorded under Section 180 B.N.S.S. 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. 15. Let the applicant- Muntajir, 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. 16. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 17. 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. 17870 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad