HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24161 of 2025 Court No. - 87 HON'BLE SANTOSH RAI, J. 1. Counter affidavit has been filed by the learned counsel for the informant in Court today. The same is taken on record. 2. Learned counsel for the applicant states that he does not wish to file rejoinder affidavit to the said counter affidavit. 3. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the material placed on record. 4. The instant bail application has been filed on behalf of the applicant Akash Awana with a prayer to release him on bail in Case Crime No. 243 of 2025 registered under Sections 109, 351 (2), 352, 191(2), 115(2), Bhartaiya Nyay Sanhita, 2023, Police Station-Noida Sector 24, (Commissionerate), District-Gautambudh Nagar. 5. Learned counsel for the applicant has submitted that the applicant has not committed any offence as alleged in the F.I.R. He has been falsely implicated in this case due to ulterior motive. It is next submitted that no specific role has been assigned to the applicant and the injury sustained by the injured is not grievous. It is also submitted that injured persons have prepared false injury report in this case as the injuries are simple in nature. It is lastly submitted that informant is a history sheeter. The applicant is languishing in jail since 05.06.2025. It is argued that charge-sheet has already been submitted, therefore, there is no reasonable possibility of Versus Counsel for Applicant(s) : Divya Yadav, Sr. Advocate, Vikas Chandra Srivastava, Vipul Singh Counsel for Opposite Party(s) : Abhishek Tiwari, G.A., Naveen Kumar Yadav, Pradeep Kumar Yadav, Sudhir Kumar Agarwal, Vineet Pratap Singh Akash Awana .....Applicant(s) State of U.P. .....Opposite Party(s) intimidating or pressurizing the prosecution witnesses. Submission is that the applicant has no criminal antecedents and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 6. Learned counsel for the informant has controverted the submissions advanced by the learned counsel for the applicant and submitted that applicant used to harass her girlfriend and tried to ram down car whereupon the informant sustained grievous injury and he was under treatment from 02.06.2025 till 12.06.2025. The applicant has also hurled bricks and stones on the informant causing him grievous injury. 7. Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 8. 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 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, bail application is allowed. 9. Considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, 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 BAIL No. 24161 of 2025 2 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 I.P.C./269 B.N.S. (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./84 B.N.S.S. 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 I.P.C./209. B.N.S. (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./351 B.N.S.S. 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 and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. September 22, 2025 SY BAIL No. 24161 of 2025 3 (Santosh Rai,J.) Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad