Neutral Citation No. - 2025:AHC:119563 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56142 of 2023 Applicant :- Indrpal Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Pandey,Santosh Kumar Pandey Counsel for Opposite Party :- G.A.,Mayank Yadav,Vivek Kumar Singh Hon'ble Ashutosh Srivastava,J. Heard Sri Ramesh Kumar Pandey, learned counsel for the applicant, Sri Mayank Yadav, learned counsel for the informant and Sri Rajesh Kumar Singh, learned A.G.A. for the State. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant is named in the first information report. The applicant has been assigned the role of kicking on the private part of the deceased. Learned counsel for the applicant submits that there named accused, namely, Brijlal, Kunwarpal and Lakhan were assigned different role along with two other persons who have been enlarged on bail vide Criminal Misc. Bail Application No. 52602 of 2023. He submits that in the present case charge sheet against the applicant has been filed on 22.09.2023 and charge has also been framed on 22.3.2024 but the witnesses of the present case are languishing in jail in connection of another criminal case and due to this reason the trail is going on snail's pace as such there is no likelihood of early conclusion of trial. He further submits that the applicant is in jail since 12.08.2023 and has no criminal antecedent. He submits that there is no likelihood of his fleeing from course of justice or tampering with evidence by the applicant in case of release on bail. Learned AGA as well as learned counsel for the informant have 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, Indrapal, involved in Case Crime No.288 of 2023, under Sections 147, 149, 323, 504, 304 I.P.C, Police Station Junawai, District Sambhal 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 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. Order Date :- 22.7.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad