HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27792 of 2024 Court No. - 87 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicant, learned counsel for the informant and learned AGA for the State-respondents and perused the record. 2. This bail application has been moved on behalf of accused-applicant Ghanshyam Singh seeking enlargement on bail in Case Crime No.134 of 2024, under Sections 307 & 504 I.P.C. and 3/25 Arms Act, Police Station- Kotwali, District- Ballia. 3. Learned counsel for the applicant submits that the accused-applicant is innocent. Applicant is languishing in jail since 22.3.2024. He has been falsely implicated in this case due to ulterior motive. It is submitted that the accused-applicant is a student and is presently preparing for competitive examinations. The charge sheet has already been filed in the present case. It is further submitted that the statement of the victim was recorded by the police personnel in a typed format, which is a clear violation of Section 162 of the Code of Criminal Procedure (Cr.P.C.). Learned counsel for the applicant further submits that four prosecution witnesses have already been examined before the learned Trial Court, including the victim, who has been examined as P.W.-4. In light of the above, there remains no reasonable apprehension or opportunity for the applicant to intimidate or influence the prosecution witnesses. It is argued that accused applicant has no criminal history and the conclusion of trial will take sufficiently long and there is no likelihood of accused applicant fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been Versus Counsel for Applicant(s) : Prakhar Saran Srivastava, Shashi Bhushan Kunwar Counsel for Opposite Party(s) : G.A., Krishna Mohan Singh Ghanshyam Singh .....Applicant(s) State of U.P. .....Opposite Party(s) prayed for. 4. Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail and submit that, as per the First Information Report, the accused-applicant caused multiple injuries to the victim. It is further submitted that in her statement recorded under Section 161 Cr.P.C., the victim specifically alleged that the accused-applicant inflicted a gunshot injury on her chest. As per the medical report, the following observations were noted: "Respi- Left air entry decreased, dull sound on percussion, tenderness present. Mild S/C emphysema, no bony crepitus. P/A: soft, non-tender, no guarding, rigidity, diffuse tenderness. L/E: Hematoma bruise present on the left chest on the posterior aspect with palpable foreign body." 5. In the supplementary medical report, the nature of the injury has been found to be grievous. Learned A.G.A. further submits that although fact witnesses have been examined, the formal witnesses are yet to be examined. 6. 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 the uncertainty regarding conclusion of trial; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India, considering the paragraph no.53 of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement 2024, (SC) LawSuit 677 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 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 BAIL No. 27792 of 2024 2 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 IPC/269 BNS. (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./84 of BNSS 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 IPC/209 of BNS. (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 of 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. 7. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 6, 2025 Gaurav BAIL No. 27792 of 2024 3 (Santosh Rai,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad