Neutral Citation No. - 2025:AHC:131154 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26874 of 2025 Applicant :- Manish Alias Mohit Opposite Party :- State of U.P. Counsel for Applicant :- Shubham Kumar Dubey,Shubham Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Shubham Srivastava, learned counsel for the applicant and Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 681 of 2024, under Sections 85 & 80(2) of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station- Chakeri, District - Kanpur Nagar, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant being the husband of the deceased person, has been falsely implicated in the present case. The FIR is delayed by two days and there is no explanation of the said delay caused. The cause of death of deceased has been found to be asphyxia as a result of ante- mortem hanging. There are general and omnibus allegations against all the accused persons. 5. Learned counsel has further stated that the informant has been examined during trial as PW-1 and he has completely resiled from his earlier statements and has been cross-examined by the public prosecutor after declaring him hostile. There is no likelihood of conviction of the applicant in the present case. 6. Learned counsel has further stated that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 20.10.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned A.G.A. has vehemently opposed the bail application but could not dispute the fact that there is no criminal history of the applicant and the informant himself has turned hostile. 8. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception. 9. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because the person is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been reiterated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and Ors., 2022 INSC 690. 10. Reiterating the aforesaid view, the Supreme Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 INSC 595, has again emphasized that the very well-settled principle of law that bail is not to be withheld as a punishment is not to be forgotten. It is high time that the Courts should recognize the principle that "bail is a rule and jail is an exception". 11. Learned AGA could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant. 12. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA. 13. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the aforesaid judgements of the Supreme Court and also the fact that the informant himself has turned hostile, 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. 14. Let the applicant- Manish @ Mohit, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 15. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 16. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date:- 5.8.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad