HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 1470 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Ms. Shilpy Sharma, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.496 of 2024, under Sections 140(1), 238, 103(1) B.N.S., Police Station- Baraut, District- Baghpat, during the pendency of trial. 4. As per prosecution story, the FIR was instituted against unknown person as the mobile phones of the deceased person was found switched off by his brother. Subsequently, the applicant and co-accused person Dinesh were arrested and at their joint pointing out one skeleton was recovered, which was stated to be of the brother of the informant (the deceased). 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. There is not a single call of the applicant with the deceased person. It is true that applicant and co-accused Dinesh were having regular communication with each other, but there is no communication between the applicant and the deceased person. 6. Learned counsel for the applicant has further stated that the case of the applicant is at different footing to co-accused person Dinesh. The dead body Versus Counsel for Applicant(s) : (Senior Advocate), Shilpy Sharma Counsel for Opposite Party(s) : G.A. Rajeev .....Applicant(s) State of U.P. .....Opposite Party(s) has only been identified on the basis of an underwear of the deceased person, which was a company made underwear which could be worn by one and all, as such, it is a vague allegation and cannot be relied upon. 7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 20.8.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. The well-known principle of "Presumption of Innocence Unless Proven Guilty" gives rise to the concept of bail as a rule and imprisonment as an exception. 10. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because the person is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been reiterated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2022) 10 SCC 51. 11. Reiterating the aforesaid view, the Supreme Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 INSC 595, has again emphasized that the very well-settled principle of law that bail is not to be withheld as a punishment is not to be forgotten. It is high time that the Courts should recognize the principle that "bail is a rule and jail is an exception". 12. Learned A.G.A. could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant. 13. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that there was no communication between the applicant and deceased person, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a BAIL No. 1470 of 2025 2 case for bail. The bail application is allowed. 14. Let the applicant- Rajeev, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 15. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 16. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 8, 2025 Vikas Verma BAIL No. 1470 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad