Neutral Citation No. - 2025:AHC:116003 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23774 of 2025 Applicant :- Vikash Kumar Alias Lavekush Kumar Opposite Party :- State of U.P. Counsel for Applicant :- S.P.S. Chauhan,Smt. Meenakshi Chauhan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri S.P.S. Chuahan, learned counsel for the applicant and Sri Yagvalkya Pandey, learned A.G.A for the State. Learned counsel for the applicant submits that the applicant is not named in the F.I.R and has been falsely implicated in the present case. He submits that the co-accused, Bhola alias Bhagwan Das, Mithlesh Devi, Geeta Devi and Chandrawati, have been granted bail by the Co-ordinate Benches of this Court vide Criminal Misc. Bail Application Nos. 35088 of 2024, 26348 of 2024, 17351 of 2024 and 10110 of 2024. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant has also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 04.06.2025 and has no criminal history to his credit. Learned AGA has vehemently opposed the bail application and submits that in case the applicant is released on bail he will misuse the liberty of bail, however, could not dispute the submissions of learned counsel for the appellant with regard to parity. 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. Let the applicant, Vikash Kumar Alias Lavekush Kumar, involved in S.T. No. 426 of 2024, arising out of Case Crime No. 718 of 2023, under Sections 147, 148, 323, 302, 504, 506 I.P.C., Police Sasni Gate, District Aligarh 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 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. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 17.7.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad