Neutral Citation No. - 2025:AHC:52327 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23425 of 2024 Applicant :- Rajeev Kumar Rai Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Kumar Yadav,Sandeep Kumar Yadav,Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.,Janardan Yadav Hon'ble Siddharth,J. Heard learned counsel for the applicant; Sri Janardan Yadav, learned counsel for informant as well as the learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Rajeev Kumar Rai, with a prayer to release him on bail in Case Crime No. 41 of 2024, under Sections- 34, 323, 506, 427, 336, 354, 307, 394, 411 of IPC, and section 3/25 of Arms Act, Police Station- Jeanpur, District-Azamgarh, during pendency of trial. There is allegation in the F.I.R. that on 29.01.2024 during marriage ceremony of daughter of informant at about 10:30 p.m., the applicant and other co-accused armed with country made pistols and other incised weapons came and started misbehaving with the ladies. On being stopped, they started firing and snatched jewellery from the women. Two persons looted the jewellery kept for being given in marriage. They also threw stones over the people present there, who suffered injuries. They also put the pandal on fire. One stone injury was caused on the head of Tejbhan Tiwari, which is serious. Learned counsel for the applicant has submitted that the F.I.R. has lodged on absolute false allegations. The injured, Tejbhan Tiwari and Anand Saroj, were examined after 1-2 days of the incident. Recovery of one country made pistol and live cartridge has been shown from the applicant, which was planted. The minor dispute took place between the parties. No gun shot injury was caused to anyone from the weapon allegedly recovered from the applicant. The applicant has been falsely implicated in this case. He has criminal history of four cases, but all the cases of minor nature and is languishing in jail since 09.02.2024. The trial in the aforesaid case is not likely to be concluded in near future. Learned A.G.A. and learned counsel for informant have vehemently opposed the prayer for bail of the applicant have submitted that the applicant is a history sheeter, cash award of Rs. 15,000/- was declared after when he was absconding. In case he is released on bail, he will again indulge in similar activities and will misuse the liberty of bail. After hearing the rival contentions, this Court finds that no history sheet of the applicant has been brought on record. No gun shot injury was caused to any of the injured. The applicant has already undergone about 14 months of incarceration. He has no criminal history of any major offence. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant, keeping in 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, considering the paragraph no.53 of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement 2024, (SC)LawSuit 677 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 with the following conditions that :- (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, it shall be a ground for cancellation of bail. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 9.4.2025 Abhishek Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad