Neutral Citation No. - 2025:AHC:67852 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26020 of 2024 Applicant :- Suraj Goswami Opposite Party :- State of U.P. Counsel for Applicant :- Ajai Kumar Singh Kushwaha,Ram Bahadur,Sr. Advocate Counsel for Opposite Party :- Chandra Bhushan Tiwari,G.A. Hon'ble Siddharth,J. Heard Sri Anil Kumar Srivastava, learned Senior Counsel assisted by Sri Prem Narayan Singh, learned counsel for the applicant; Sri Chandra Bhushan Tiwari; learned counsel for the informant; learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Suraj Goswami with a prayer to release him on bail in Case Crime No. 269 of 2022, under Sections 147, 148, 302 IPC, Police Station Haldharpur, District- Mau, during pendency of trial. This is second bail application of the applicant. The first bail application of the applicant was rejected by this Court on 03.10.2023 directing the trial court to conclude the trial against the applicant as expeditiously as possible, preferably within period of one year from the date of production of certified copy of this order. Learned Senior Counsel for the applicant has submitted that as yet eight prosecution witnesses have been examined before the trial court. The applicant has criminal history of 10 cases to his credit and he is languishing in jail since 29.7.2022. Learned counsel for the informant and learned A.G.A. have vehemently opposed the prayer for bail of the applicant. Learned counsel for the informant has submitted that prosecution witnesses are on the verge of conclusion. The applicant has been assigned specific role of causing injury to the deceased by hammer. Hence he does not deserves to be enlarged on bail. After hearing rival contentions, this Court finds that the applicant is in jail since 29.7.2022. The recovery of hammer has been shown from co-accused, Rajan Sharma and not from the applicant, but allegation of causing murder of the deceased was made against the applicant. Prosecution witnesses are yet to be produced. Trial will take time to conclude. 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; 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, 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. The trial court is directed to conclude the trial against the applicant, as expeditiously as possible, as per Section 346 B.N.S.S. Order Date :- 30.4.2025 Ruchi Agrahari Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad