HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26074 of 2025 Court No. - 87 HON'BLE SANTOSH RAI, J. 1. Supplementary affidavit filed today by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant; learned AGA for the State; learned counsel for first informant and perused the material placed on record. 3. The instant bail application has been filed on behalf of the applicant, Sachin Kumar with a prayer to release him on bail in Case Crime No.141 of 2025, under Sections 109 (1), 352, 61(2) BNS, Police Station Tappal, District- Aligarh, during pendency of trial. 4. Learned counsel for the applicant has submitted that the applicant has not committed any offence. He has been falsely implicated in this case. In the first informant report, five persons are named. The applicant is not named in the first information. His name came into light during the course of investigation on the basis of statement of injured Jitendra. As per statement of injured, only role of catching hold has been assigned to the applicant. Co- accused Himanshu Alias Daini, who has been named in the first information report, has already been granted bail by the co-ordinate Bench of this Court vide order dated 4.7.2025 passed in Criminal Misc. Bail Application No.21285 of 2025. The applicant has criminal history of one case, which has been properly explained in paragraph 4 and 5 of the supplementary affidavit filed today. He languishing in jail since 9.7.2025. It is submitted that since the charge-sheet has already been submitted, therefore, there is no reasonable possibility of intimidating or pressurizing the prosecution witnesses and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been Versus Counsel for Applicant(s) : Janardan Prasad Tripathi, Srijana Tripathi Counsel for Opposite Party(s) : G.A., Vijay Bahadur Sachin Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) prayed for. 5. Per contra learned A.G.A. and learned counsel for first informant have opposed the prayer for bail of the applicant but they could not dispute the aforesaid facts. 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 uncertainty regarding conclusion of trial; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, bail application is allowed. 7. Considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, 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 I.P.C./269 B.N.S. (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 B.N.S.S. 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 I.P.C./209. B.N.S. (v) The applicant shall remain present in person before the Trial Court on the BAIL No. 26074 of 2025 2 dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 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. 8. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. (Santosh Rai,J.) September 22, 2025 Radhika BAIL No. 26074 of 2025 3 Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad