1 Neutral Citation No. - 2025:AHC:82119 Reserved On:- 12.05.2025 Delivered On:- 17.05.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27416 of 2024 Applicant :- Salim Opposite Party :- State of U.P. Hon'ble Siddharth, J. 1. Heard Sri Mohd. Akbar Shah Alam Khan, learned counsel for the applicant, learned AGA for the State and perused the material on record. 2. There are allegations in the F.I.R that the brother of informant, Furkaan, has been murdered by the applicant, Saleem, on 22.02.2023 at about 01:00 a.m and while he was running away he was seen by Danish son of Ejaj Ahmad and Mustkim son of Amir. 3. Learned counsel for the applicant submits that before the trial court four prosecution witnesses have been examined, including the informant, Irfan, wife of deceased and two witnesses named in the F.I.R. All of them have not supported the prosecution case and have been declared hostile. Co-accused, Isa Mohammad, has already been granted bail by this court vide Criminal Misc. Bail Application No. 30164 of 2023. The applicant is languishing in jail since 24.02.2023 and has no previous criminal history to his credit. 4. Counter affidavit has been filed on behalf of state wherein it is alleged that the applicant committed the murder of deceased and there is sufficient evidence against him. Hence, she does not deserves to be enlarged on bail. 2 5. On the other hand learned A.G.A has opposed the prayer for bail. 6. After hearing the rival submission, this court finds that the witnesses have not supported the prosecution case before the trial court. 7. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties noted above, finding force in the submissions made by the learned counsel for the applicant, 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 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant, Salim, involved in Case Crime No. 40 of 2023, under Sections- 302, 120-B, 34 IPC, Police Station- Rampur Maniharan, District- Saharanpur, 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 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. 3 (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 misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. 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 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. 9. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 17.05.2025 Rohit Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad