1 Neutral Citation No. - 2025:AHC:74727 Reserved On:- 01.05.2025 Delivered On:- 08.05.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21239 of 2024 Applicant :- Shishupal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajrshi Gupta,Ranjana Tripathi,Sr. Advocate Counsel for Opposite Party :- G.A., P.K. Singh, Rajeev Singh Hon'ble Siddharth, J. 1. Heard Sri Arvind Kumar Srivastava, learned counsel for the applicant; Sri Manoj Singh, Advocate, holding brief of Sri P.K. Singh, learned counsel for the informant; learned A.G.A for the State and perused the material placed on record. 2. This is second bail application of the applicant. 3. First bail application of the applicant was rejected by this court on 25.09.2023 directing the trial court to conclude the trial against the applicant as expeditiously as possible, preferably within period of one year. 4. Counsel for the applicant submits that out of 20 prosecution witnesses only six have been examined. Trial will take time to conclude. Before the trial court, P.W.-4, the first informant, has been examined and he has stated that he is not the eye-witness of the incident and he has implicated in this case all those persons with whom he had enmity. He has also admitted that earlier applicant had lodged an F.I.R against the informant who is an advocate. The applicant is in jail since 22.03.2023 and has no previous criminal history to his credit. 5. On the other hand learned A.G.A and counsel for the informant have opposed the prayer for bail. They have submitted that trial has begun. Six 2 prosecution witnesses have already been examined. There is no justification for allowing this bail application.s 6. Considering the fact that despite earlier direction of this court the trial has not been concluded and the witness of fact 7. having been examined and hence there being no chance of tampering with witness, applicant deserves to be enlarged on bail. 8. 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, 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 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. 9. Let the applicant, Shishupal Singh, involved in Case Crime No. 65 of 2023, under Sections- 147, 148, 149, 302, 506, 34 IPC, Police Station- Tirwa, District- Kannauj, 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 3 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 misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails 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. 10. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 08.05.2025 Rohit Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad