Neutral Citation No. - 2025:AHC:33594 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1329 of 2025 Applicant :- Hanuman Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Rajrshi Gupta,Shambhawi Shukla,Sr. Advocate Counsel for Opposite Party :- Anil Kumar, Savan Kumar,G.A. Hon'ble Siddharth,J. Heard Sri Rajrshi Gupta, learned counsel for the applicant; Sri Anil Kumar, 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, Hanuman Tiwari, with a prayer to release him on bail in Case Crime No. 331 of 2022, under Sections 302, 307, 452, 34 IPC, Police Station Naini, District- Prayagraj, 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 12.12.2023 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 counsel for the applicant has submitted that before the trial court, only four prosecution witnesses, out of twenty one, have been examined till date. In the statements of PW-1, PW-2 and PW-3, general role has been assigned to all the accused persons by firing from different weapons. PW-4, the doctor, has opined that the injury suffered by the deceased on the head was caused by bomb. No traces of fire arm injury have been found, whereas earlier allegation was firing from number of fire arm weapons. He has further submitted that it is a case of false implication of the applicant. Even otherwise application is in jail since 7.7.2022. The trial will take time to conclude. Learned counsel for the informant and learned A.G.A. have 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 deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 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 passed in Criminal Appeal No. .../2024 (paragraph no.53) 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 :- 7.3.2025 Ruchi Agrahari Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad