HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25491 of 2025 Court No. - 87 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record. 2. The instant bail application has been filed on behalf of the applicant Raja Tiwari Alias Ronak Tiwari with a prayer to release him on bail in Case Crime No.33 of 2025, under Section 109(1) of B.N.S. and 3/25/27 Arms Act, Police Station- Fariha, District- Firozabad, during pendency of trial. 3. Learned counsel for the applicant has submitted that it is police party no injury case, in which none of the police personnel sustained any injury by the accused applicant. It is further submitted that the applicant has been falsely implicated in this case due to ulterior motive. It is further submitted that however, apart from the present case, applicant is having criminal history of two other cases but his criminal history have been duly explained in paragraph nos.16 and 17 of the affidavit filed in support of the instant bail application. It is next submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. It is further submitted that applicant is languishing in jail since 20.03.2025. The trial in the aforesaid case is not likely to be concluded in near future. 4. Per contra learned A.G.A. however, has vehemently opposed the above prayer for bail of the applicant but could not dispute the fact that this is the police party no injury case and criminal history of the applicant has been duly explained in the instant bail application. However, it is further submitted that the innocence of the applicant cannot be adjudged at pre-trial Versus Counsel for Applicant(s) : Amit Kumar Singh, Km Astha Counsel for Opposite Party(s) : G.A. Raja Tiwari Alias Ronak Tiwari .....Applicant(s) State of U.P. .....Opposite Party(s) 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. 5. 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; 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, 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 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 IPC/269 BNS. (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 of BNSS 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 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) BAIL No. 25491 of 2025 2 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. 6. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 7. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. September 16, 2025 Zafar BAIL No. 25491 of 2025 3 (Santosh Rai,J.) Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad